UNIVERSITY  OF  CALIFORNIA. 

OIKT  OK 


Received  .  ,  790 

Accession  No.  O-2  ^o  6  y. 


/ 


AMENDMENTS 


SCHOOL  LAWS 


SESSION  OF  THE  LEGISLATURE,  1891 


COMPILED  AT  THE  OFFICE  OF  THE 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

1891 


BY  AUTHOBITY 


LANSING 

ItOBEBT  SMITH  &  CO.,  STATE  PRINTERS  AND  BINDERS 
1891 


During  the  last  session  of  the  Legislature  several  amendments 
were  made  to  the  school  law,  and  new  laws  were  enacted  in  regard 
to  the  supervision  of  schools,  the  granting  of  teachers'  certificates  by 
the  University  of  Michigan,  the  introduction  of  the  kindergarten 
method  into  the  public  schools  of  the  State,  and  the  organization  of 
township  school  districts  in  the  Upper  Peninsula.  The  numbers  refer 
to  the  sections,  chapters  and  pages  of  the  compilation  of  1889.  It  is 
suggested  that  this  copy  be  pasted  in  your  copy  of  the  school  law, 
and  that  some  mark  be  made  to  indicate  the  sections  amended.  A 
copy  of  this  pamphlet  will  be  furnished  to  any  school  officer  or 
teacher  on  application  to  the  Superintendent  of  Public  Instruction, 
Lansing. 

FEKEIS  S.  FITCH, 
Superintendent  of   Public  Instruction. 


/ 


AMENDMENTS  TO  SCHOOL  LAWS. 


CHAPTEE  III.— SECTION  19. 

[  (§  46.)    Page  21.    Amended  by  act  No.  21.    Takes  effect  Oct.  1,  1891.] 

SEC.  19.     The    district    board  may    admit    to   the   district  Non-resident 
schools  non-resident  pupils,  and  may  determine  the   rates  of  pup 
tuition  of  such  pupils  and  collect  the  same:  Provided,    That  proviso, 
when  non-resident  pupils,  their  parents   or  guardians,    pay  a 
school   tax  in    said  district,    the  same    shall    be    credited   on 
their  tuition  a  sum  not  to  exceed  the  amount  of  such  tuition 
and  they  shall  only  be  required   to  pay   tuition  for  the  dif- 
ference therein. 


CHAPTEE  X.— SECTION  3. 

[  ( §  109.)    Page  40.    Amended  by  act  No.  21.    Takes  effect  Oct.  1, 1891.] 

SEC.  3.     It  shall  be  the  duty   of  the   board  of   trustees  in  Du*y of 
any  graded  school  district: 

First,  To  classify  and  grade  the   pupils  attending    schools  TO  classify 
in  such  district  and  cause  them  to  be  taught  in  such  schools  pl1 
ot  departments  as  they  may  deem  expedient; 

Second,  To  establish   in  such  district  a  high   school  when  TO  establish 
ordered  by  a  vote  of  the  district  at  an  annual    meeting,  and  hli 
to  determine  the  qualifications  for  admission  to  such  school, 
and  the  fees    to  be    paid    for   tuition  in   any   branch   taught 
therein:     Provided,    That    when    non-resident    pupils,    their  JJJ^JjjJJ^ 
parents  or  guardians,  shall  pay  a  school  tax  in  said  district,  piisuuition. P' 
the   same    shall  be    credited  on    their  tuition    a  sum   not  to 
exceed  the  amount  of  such   tuition   and   they   shall   only  be 
required  to  pay  tuition  for  the  difference  between  the  amount 
of  the  tax  and  the  amount  charged  for  tuition; 

Third,  To    audit   and    order  the   payment  of  all   [of]   the  Toauditand pay 
accounts  of  the    director  for    incidental   or    other   expenses 
incurred    by    him   in   the    discharge    of   his   duties;   but   no 
more  than  fifty  dollars  shall  be  expended  by  the   director  in 
one  year    for  repairs  of   the    buildings  or   appurtenances  of 


AMENDMENTS  TO  SCHOOL  LAWS. 


the  district  property  without  the  authority  of  the  board  of 
trustees; 

TO  employ  Fourth,  To  employ  all  qualified  teachers  necessary  for  the 

teachers.  several  schools,  and  to  determine  the  amount   of  their    com- 

pensation and  to  require  the  director  and  moderator  to  make 
contracts  with  the  same  on  behalf  of  the  district,  in  accord- 
ance with  the  provisions  of  law  concerning  contracts  with 
teachers; 

TO  employ  Fifth,   To   employ    such   officers   and  servants   as   may   be 

officers,  etc.       necessary  for  the  management  of  the  schools  and  school  prop- 
erty, and  prescribe  their  duties   and  fix   their  compensation^ 
other  duties.          Sixth,  To    perform    such    other   duties   as   are    required  of 
district  boards  in  other  school  districts. 


Duty  of  trustees 


CHAPTEE  X. 

[Page  21.    Amended  by  act  No.  84,  adding  a  nww  section,  to  stand  as  section  No.  6.  Takes 

effect  May  20,  1891.] 

SEC.  6.  Whenever  the  trustees  of  any  organized  graded 
school  district  shall  be  presented  twenty  days  before  the 
annual  meeting  thereof,  with  a  petition  signed  by  ten  elect- 
ors of  said  district,  stating  that  it  is  the  desire  of  said  peti- 
tioners that  at  the  annual  meeting  of  said  school  district 
there  shall  be  submitted  to  said  annual  meeting  the  prop- 
osition to  change  from  a  graded  school  district  to  one  or 
more  primary  school  districts  the  said  trustees  shall,  in  their 
in  case  of  vote  notice  of  such  annual  meeting,  state  that  the  proposition 
set  forth  in  said  petition  will  be  presented  to  said  meeting, 
and  if  two-thirds  of  the  qualified  voters  present  at  said 
meeting  shall  vote  to  change  to  one  or  more  primary  school 
districts  such  change  shall  be  made,  and  it  shall  be  the  duty 
of  the  board  of  school  inspectors  of  the  township  or  town- 
ships in  which  such  district  is  situated,  upon  being  duly 
notified  of  such  vote,  to  proceed  to  change  or  divide 
such  district  as  determined  by  such  annual  meeting,  and 
they  shall  provide  for  the  holding  of  the  first  meeting  in 
the  or  each  of  the  proposed  primary  school  districts  in  the 
same  manner  as  is  provided  for  by  law  for  the  organization 
of  primary  school  districts,  and  whenever  a  fractional  graded 
school  district  shall  be  so  changed,  the  township  boards  of 
school  inspectors  of  the  respective  townships  where  such 
graded  school  district  is  situated,  shall  organize  the  said 
district  into  one  or  more  primary  school  districts,  as  pro- 
vided for  by  law. 


district  to 
primary. 


AMENDMENTS  TO  SCHOOL,  LAWS. 


[NOTE.— Page  69,  second  paragraph.] 

Act  141  of  the  Public  Acts  of  1891  repeals  Act  No.  214, 
Public  Acts  of  1889  providing  that,  if  in  any  city  and  any 
township  or  part  of  township  adjoining  thereto  (the  same 
being  within  one  county)  any  money  remains  in  the  fund 
for  payment  of  losses  by  killing  of  sheep  by  dogs  "  after 
the  payment  of  the  orders  payable  out  of  the  same  and 
the  amount  of  said  money  shall  exceed  the  sum  of  two 
hundred  dollars,  the  sum  in  excess  of  two  hundred  dollars 
shall  be  apportioned  by  said  county  treasurer  to  the  said 
township  or  part  of  township  and  said  city  in  proportion  to 
the  amount  contributed  to  said  fund  during  the  preceding 
year,  and  the  amount  so  apportioned  to  any  said  township 
or  part  of  township,  or  said  city,  shall  be  respectively  appor- 
tioned among  the  several  school  districts  of  said  township 
or  part  of  township  and  said  city,  in  proportion  to  the  num- 
ber of  children  therein  of  school  age."  The  distribution  of 
the  surplus  will  hereafter  be  made  in  accordance  with  the 
provisions  of  section  6  of  Act  No.  198,  Public  Acts  of  1877, 
as  amended  by  Act  No.  283  of  the  Public  Acts  of  1881. 


[  ACT  No.  119.  ] 

[Takes  effect  Oct.  1, 1891.] 

*AN  ACT  authorizing  the  introduction  of   the   kindergarten 
method  in  the  public  schools  of  this  State. 

SECTION  1.     The  People  of  the  State  of  Michigan  enact,  Duty  of  district 
That    in   addition    to  the   duties    imposed   by   law   upon  the  bt 
district  board    of    every   school    district  in    this    State,   they 
shall  also  be  empowered  to  provide  a  suitable  room  or  apart- 
ment  for   kindergarten   work,    and   to    supply   their   district 
respectively  with  the  necessary  apparatus  and  appliances  for 
the  instruction  of  children  in  what  is  known    as  the  kinder- 
garten method. 

SEC.  2.  In  the   employment  of  teachers  it  shall  be  compe-  Qualifications 
tent    for    such    district   board    to    require    qualifications    for of 
instruction  of  children  in  kindergarten  methods,  and  the  dis- 
trict board   may    provide   by   contract   with  the   teacher   for 
such   instruction,    specifying    the   kours   and   times   therefor 
under  such  rules  as  the  district  board  may  prescribe. 

SEC.  3.     All   children  residing  within  the  district  between  what  children 
the  ages  of  four  and  seven  shall  be  entitled   to   instructions 
in  the  kindergarten  department  of  such  district  school. 

SEC.  4.     The  powers   and  duties   herein   imposed    or   con- 
ferred  upon  the  district  shall  also  be  and  the  same  are  here-  schools. 
by  imposed  and  conferred  upon  the  school  trustees   or  board 

*  This  law  permits  the  introduction  of  the  kindergarten  method,  but  does  not  make 
it  mandatory. 


8 


AMENDMENTS  TO  SCHOOL  LAWS. 


of  education  or  other  body,  by  whatever  name  known,  man- 
aging or  controlling  the  public  schools  in  each  city  and 
village  of  this  State;  and  this  act  is  hereby  made  applicable 
to  every  public  school  organized  by  special  act  or  by  charter 
as  fully  as  if  they  were  named  herein. 


University  may 
issue  certificate 
to  teach,  etc. 


Of  annulling 
certificate,  ete. 


[ACT  No.  144.  ] 

[Takes  effect  June  19, 1891.] 

AN  ACT  to  authorize  the  faculty  of  the  department  of 
literature,  science  and  the  arts,  of  the  University  of  Michi- 
gan to  give  teachers'  certificates  in  certain  cases. 


SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  the  faculty  of  the  department  of  literature,  science  and 
the  arts,  of  the  University  of  Michigan,  shall  give  to  every 
person  receiving  a  bachelor's,  master's  or  doctor's  degree,  and 
also  a  teacher's  diploma  for  work  done  in  the  science  and  the 
arts  of  teaching  from  said  University,  a  certificate,  which  shall 
serve  as  a  legal  certificate  of  qualification  to  teach  in  any  of 
the  schools  of  this  State,  when  a  copy  thereof  shall  have  been 
filed  or  recorded  in  the  office  of  the  legal  examining  officer  or 
officers  of  the  county,  township,  city  or  district.  Such  certifi- 
cate shall  not  be  liable  to  be  annulled  except  by  the  said 
faculty  of  the  said  University;  but  its  effect  may  be  suspended 
in  any  county,  township,  city  or  district,  and  the  holder  thereof 
may  be  stricken  from  the  list  of  qualified  teachers  in  such 
county,  township,  city  or  district,  by  the  legal  examining  officer 
or  officers  of  the  said  county,  township,  city,  or  district,  for 
any  cause  and  in  the  same  manner  that  such  examining  officer 
or  officers  may  be  by  law  authorized  to  revoke  certificates  given 
by  himself  or  themselves,  and  such  suspension  shall  continue 
in  force  until  revoked  by  tha  authority  suspending  it. 


Election  of 
county  cominis 


[  ACT  No.  147.  ] 

[Takes  effect  Jane  19, 1891.] 

AN  ACT  to  provide  for  the  election  of  a  county  commis- 
sioner of  schools,  for  the  appointment  of  school  examiners, 
[and]  to  define  the  duties  and  fix  the  compensation  for  the 
same,  and  to  repeal  all  existing  acts  or  parts  of  acts  conflict- 
ing with  the  provisions  of  this  act. 

SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  at  the  meetings  of  the  several  boards  of  supervisors  of 
the  different  counties  of  the  State,  to  be  held  on  the  fourth 


AMENDMENTS  TO  SCHOOL  LAWS.  9 

Monday  in  June,  eighteen  hundred  ninety-one,  the  said  several 
boards    of    supervisors    shall  elect  a  county  commissioner   of 
schools   for   their   respective    counties,    whose    term  of  office 
shall    commence    on  the  fourth  Tuesday  of  August   next  fol- 
lowing,   who    shall    hold  his  or    her  office  until  the  first  day  Term  or  office. 
of    July,  eighteen  hundred    ninety-three,  or    until  his  or  her 
successor  shall  be  elected  and  qualified.     Said  boards  of  super-  Appointment 
visors  shall   also    on   said  fourth    Monday  of   June,   appoint  Sen?001 
two    persons   as    school    examiners,   who,   together  with    said 
commissioner   of   schools,    shall  constitute  a   board  of  school 
examiners.     One  of  said  school  examiners  shall  be  appointed  Term  of  office 
for   a   period  of  one  year  and  the  other  for  a  period  of  two 
years,    from    and    after  the  second  Monday   of   October  next 
after  their   appointment,  or  until  their  successors   have  been 
appointed  and  have  qualified;   and  thereafter  such  boards  of  Annual  ap- 
supervisors  shall,  at  each  annual  session,  appoint  one  examiner  examiner.1  ° 
who  shall  hold  his  office  for  a  period  of  two  years,  or  until 
his    successor    shall     have     been     appointed    and    qualified. 
Within  ten  days  after  such  commissioner  or  examiners  shall  Oath  of  office, 
have  received    legal   notice  of  his  or  her  election,  he  or  she 
shall  take  and    subscribe  to  the    constitutional  oath  of   office 
and  the  same  shall  be  filed  with  the  county  clerk.     The  said 
county  commissioner,  so  appointed,  shall  execute  a  bond  with  Bond. 
two  sufficient  sureties,  to  be  approved  by  and  filed   with  the 
county  clerk,  in  the  penal  sum  of  one  thousand  dollars,  con- 
ditioned that  he  or  she  will    faithfully    discharge  the   duties 
of  his  or  her  office  according  to  law,  and  to  faithfully  account 
for  and  pay  over  to  the  proper  persons  all  money  which  may 
come  into  his  or  her  hands  by  reason  of  his  or  her  holding 
such  office;  and  thereupon  the   county  clerk  shall  report  the  county cierk to 

j  ,     rr>  i>  -\  •      •  report  address, 

name  and  postomce  address  or  such  county  commissioner   to  etc. 
the  State  Superintendent  of  Public  Instruction. 

SEC.  2.     There  shall  be  elected  at  the  election  held  on  the  Biennial  election 

«  -.g.       j  .,          .    ,  i-ii'  i  of  commissioner. 

first  Monday  in  April,  eighteen  hundred  ninety-three,  and 
every  second  year  thereafter,  in  each  county,  one  county  com- 
missioner of  schools,  whose  term  of  office  shall  commence  on  Term  of  offlce- 
the  first  day  of  July  next  following  his  or  her  election,  and 
who  shall  continue  in  office  two  years  or  until  his  or  her 
successor  shall  be  elected  and  qualified.  The  county  com-  To  flle  °»tn 

»          i         i          i       j      i  j  it  •    •  pit'     and  bond, 

missioner  of  schools  elected  under  the  provisions  of  this 
section  shall  file  with  the  county  clerk  for  the  county  for 
which  he  or  she  is  elected  his  or  her  oath  of  office  and  bond, 
the  same  as  provided  in  section  one  of  this  act,  and  the 
county  clerk  shall  make  the  same  report  to  the  Superin- 
tendent of  Public  Instruction  in  all  respects  as  provided  in 
section  one  of  this  act. 

SEC.  3.     No  person  shall  be  eligible  to  the  office  of  county  Eligibility  to 

PIT          -i  ivi  ii  i  •        j  1       office  of,  etc. 

commissioner  or  schools  who  shall  not  be  a  graduate  in  the 
literary  department  of  some  reputable  college,  university  or 
State  normal  school,  or  hold  a  State  teacher's  certificate,  or 
who  shall  not  have  held  a  first  grade  certificate,  within  two 
years  next  preceding  the  time  of  his  or  her  election,  or  shall 
2 


10 


AMENDMENTS  TO  SCHOOL  LAWS. 


Proviso  as  to 
certain  counties. 


Board  to  bold 
regular  exami- 
nations, etc. 


Special  examina- 
tions. 


Proviso. 


Schedule  ef 
examinations. 


have  held  the  office  of  county  commissioner  under  this  act: 
Provided,  That  in  counties  having  less  than  fifty  schools  sub- 
ject to  the  supervision  of  the  county  commissioner,  a  person 
holding  at  the  time  of  his  or  her  election  a  second  grade 
certificate  shall  be  eligible. 

SEC.  4.  The  board  of  school  examiners  shall,  for  the 
purpose  of  examining  all  persons  who  may  offer  themselves 
as  teachers  for  the  public  schools,  hold  two  regular  public 
examinations  in  each  year  at  the  county  seat,  which  exam- 
inations shall  begin  on  the  first  Thursday  of  March  and 
August  in  each  year;  and  for  a  like  purpose  the  board  of 
school  examiners  shall  hold  not  to  exceed  four  special  public 
examinations  at  such  times  and  places  as  in  the  judgment 
of  the  board  of  school  examiners  the  interests  of  the 
schools  and  teachers  of  the  county  may  require:  Provided, 
The  first  and  second  grade  certificates  shall  be  granted  only 
at  the  regular  public  examinations  provided  for  in  this  sec- 
tion. It  shall  be  the  duty  of  the  county  commissioner  to 
make  out  a  schedule  of  the  times  and  places  of  holding 
special  examinations  and  to  cause  it  to  be  published  in  one 
or  more  newspapers  of  the  county  at  least  ten  days  before 
each  special  examination,  and  he  or  she  shall  send  a  copy 
thereof  to  the  chairman  of  each  township  board  of  school 
inspectors  in  the  county  at  least  ten  days  previous  to  the 
time  of  holding  any  special  examination. 

SEC.  5.  The  board  of  school  examiners  shall  meet  on  the 
Saturday  following  such  public  examination  held  by  the 
county  commissioner  and  shall  grant  certificates  to  teachers 
in  such  form  as  the  Superintendent  of  Public  Instruction 
shall  prescribe,  licensing  as  teachers  all  persons  who  shall  have 
attained  the  age  of  sixteen  years,  who  have  attended  said 
public  examinations  and  who  shall  be  found  qualified  in 
respect  to  good  moral  character,  learning  and  ability  to  instruct 
and  govern  a  school,  but  no  certificate  shall  be  granted  to 
any  person  who  shall  not  pass  a  satisfactory  examination  in 
orthography,  reading,  writing,  grammar,  geography,  arith- 
metic, theory  and  art  of  teaching,  United  States  history,  civil 
government  and  physiology  and  hygiene  with  reference  to 
the  effects  of  alcoholic  drinks,  stimulants  and  narcotics  upon 
the  human  system.  All  certificates  shall  be  signed  by  the 
county  commissioner  and  by  at  least  one  other  member 
of  the  board  of  examiners.  No  person  shall  be  considered 
a  qualified  teacher  within  the  meaning  of  this  act,  nor  shall 
any  school  officer  employ  or  contract  with  any  person  to 
teach  in  any  of  the  public  schools,  under  the  provisions 
of  this  act,  who  has  not  a  certificate  in  force,  granted  by 
the  board  of  school  examiners  or  other  lawful  authority. 
All  examination  questions  shall  be  prepared  and  furnished 
by  the  Superintendent  of  Public  Instruction  to  the  county 
commissioner  under  seal,  to  be  opened  in  the  presence  of 
the  applicants  for  certificates  on  the  day  of  examination. 

SEC.  6.  There  shall  be  three  grades  of  certificates  granted 
by  the  board  of  school  examiners,  in  its  discretion,  and 


Meeting  of  board 
to  grant  certifi- 
cates, etc. 


Signing  of  cer- 
tificates. 


Who  deemed 
qualified  teacher. 


Of  exauii nat iui 
questions. 


tirades  of  cer- 

ttficate*. 


AMENDMENTS  TO  SCHOOL,  LAWS.  11 


subject  to  such  rules  and  regulations  as  the  Superintendent 
of  Public  Instruction  may  prescribe,  which  grades  of  cer- 
tificates shall  be  as  follows :  The  certificate  of  the  first  First  grade, 
grade  shall  be  granted  only  to  those  who  have  taught  at 
least  one  year  with  ability  and  success,  and  it  shall  be  valid 
throughout  the  State  for  four  years:  Provided,  That  no  Proviso, 
first  grade  certificate  shall  be  valid  in  any  county  other 
than  that  in  which  it  was  granted,  unless  a  copy  of  said 
certificate,  certified  by  the  county  commissioner  who  issued 
the  same  shall  be  filed  with  the  county  commissioner  in  the 
county  in  which  the  holder  of  said  certificate  desires  to  teach. 
The  certificate  of  [the]  second  grade  shall  be  granted  only  second  grade, 
to  those  who  shall  have  taught  at  least  seven  months  with 
ability  and  success,  and  it  shall  be  valid  throughout  the 
county  for  which  it  shall  be  granted  for  three  years.  The  Third^grade. 
certificate  of  the  third  grade  shall  license  the  holder  thereof 
to  teach  in  the  county  for  which  it  shall  be  granted  for  one 
year:  Provided,  That  the  county  commissioner  shall  have  Proviso. 
power  upon  personal  examination  satisfactory  to  himself  or 
herself  to  grant  certificates  which  shall  license  the  holder 
thereof  to  teach  in  a  specified  district  for  which  it  shall  be 
granted,  but  such  certificate  shall  not  continue  in  force 
beyond  the  time  of  the  next  public  examination  and  it  shall 
not  in  any  way  exempt  the  teacher  from  a  full  examination: 
Provided  further.  That  in  case  the  holder  of  a  special  cer-  Further  proviso, 
tificate  does  not  appear  for  examination  before  the  board 
at  the  next  public  examination  succeeding  the  date  of  such 
special  examination,  a  second  special  certificate  shall  not  be 
granted  to  such  person,  except  when  it  appears  to  the  com- 
missioner on  good  evidence  that  the  absence  was  occasioned 
by  sickness  or  other  unavoidable  cause. 

SEC.  7.     The  board  of  school    examiners  may   suspend   or  suspension  or 
revoke  any  teacher's  certificate  issued  by  them  for  any  reason  m 
which  would   have  justified   said   board    in    withholding   the 
same  when    given  for   neglect  of   duty,   for  incompetency  to 
instruct  or  govern  a  school,  or   for  immorality,    and   the  said 
board  may,   within  their  jurisdiction,   suspend  for  immorality 
or  incompetency  to  instruct  and  govern  a  school  the  effect  of 
any    teacher's   certificates  that    may    have   been    granted   by 
other  lawful  authority:  Provided,    That    no   certificates  shall  proviso. 
be  suspended  or   revoked  without  a  personal  hearing,  unless 
the  holder    thereof   shall,    after  a    reasonable  notice,   neglect 
or  refuse  to  appear  before  the  said  board   for   that  purpose. 

SEC.  8.     It  shall  be  the  duty  of  the  county   commissioner : 

First,   Immediately  after  his   or  her  qualification   as   com- 
missioner,    to   send   notice  thereof  to   the   Superintendent  of  Mention. 
Public  Instruction  and  the  chairman  of  each  township  board 
of  school  inspectors   of  the  county; 

Second,  To  keep  a  record  of  all  examinations  held  by  the 
board  of  school  examiners  and  to  sign  all  certificates  and 
other  papers  and  reports  issued  by  the  board; 

Third,   To   receive     the    institute    fees    provided    by    law  of  tees. 


12 


AMENDMENTS  TO  SCHOOL  LAWS. 


Record  of  cer- 
tificates. 


Uat  of  teachers, 
•to. 


To  visit  schools, 
•tc. 


Proviso  as  to 

assistant 

visitors. 


and  to  pay  the  same  to  the  county  treasurer  quarterly, 
beginning  September  thirty,  in  each  year; 

Fourth,  To  keep  a  record  of  all  certificates  granted,  sus- 
pended or  revoked  by  the  said  board  or  commissioner,  show- 
ing to  whom  issued,  together  with  the  date,  grade,  duration 
of  each  certificate  and,  if  suspended  or  revoked,  with  the  date 
and  reason  thereof; 

Fifth,  To  furnish,  previous  to  the  first  Monday  in  Sep- 
tember in  each  year  to  the  township  clerk  of  each  township 
in  the  county,  a  list  of  all  persons  legally  authorized  to 
teach  in  the  county  at  large,  and  in  such  township,  with  the 
date  and  term  of  each  certificate,  and  if  any  have  been  sus- 
pended or  revoked,  the  date  of  such  suspension  or  revoca- 
tion; 

Sixth,  To  visit  each  of  the  schools  in  the  county  at  least 
once  in  each  year  and  to  examine  carefully  the  discipline, 
the  mode  of  instruction,  and  the  progress  and  proficiency 
of  pupils:  Provided,  That  in  case  the  county  commissioner 
is  unable  to  visit  all  the  schools  of  the  county  as  herein 
required,  the  said  commissioner  may  appoint  such  assistant 
visitors  as  may  be  necessary,  who  shall  perform  such  duties 
pertaining  to  the  visitation  and  supervision  of  schools  as 
said  commissioner  shall  direct:  Provided,  That  the  whole 
expense  incurred  by  such  assistant  visitors  shall  not  exceed 
the  sum  of  ninety  dollars  in  any  one  year; 

Seventh,  To  counsel  with  the  teachers  and  school  boards  as 
to  the  courses  of  study  to  be  pursued,  and  as  to  any  improve- 
ment in  the  discipline  and  instruction  in  the  schools; 

Eighth,  To  promote  by  such  means  as  he  or  she  may 
devise,  the  improvement  of  the  schools  in  the  county,  and 
the  elevation  of  the  character  and  qualifications  of  the 
teachers  and  officers  thereof,  and  act  as  assistant  conductor 
of  institutes  appointed  by  the  Superintendent  of  Public 
Instruction  and  perform  such  other  duties  pertaining  thereto 
as  the  superintendent  shall  require; 

Ninth,  To  receive  the  duplicate  annual  reports  of  the 
several  boards  of  school  inspectors,  examine  into  the  correct- 
ness of  the  same,  requiring  them  to  be  amended  when  neces- 
sary, indorse  his  or  her  approval  upon  them,  and  imme- 
diately thereafter  and  before  the  first  day  of  November  in 
each  year,  transmit  to  the  Superintendent  of  Public  Instruc- 
tion one  copy  of  each  of  said  reports  and  file  the  other  in 
the  office  of  the  county  clerk; 

Tenth,  To  be  subject  to  such  instructions  and  rules  as 
the  Superintendent  of  Public  Instruction  may  prescribe;  to 
receive  all  blanks  and  communications  that  may  be  sent  to 
him  or  her  by  the  Superintendent  of  Public  Instruction 
and  to  dispose  of  the  same  as  directed  by  the  said  Superin- 
tendent, and  to  make  annual  reports  at  the  close  of  the  school 
year  to  the  Superintendent  of  Public  Instruction  of  his  or 
her  official  labor,  and  of  the  schools  of  the  county,  together 
with  such  other  information  as  may  be  required; 


Counsel  with 
teachers,  etc. 


Improvement 
of  schools,  etc. 


To  receive 
annual  reports, 
•tc. 


Subject  to  in- 
structions of 
Hupi.  Public  In- 
struction, etc. 


AMENDMENTS  TO  SCHOOL  LAWS.  13 

Eleventh,    To    perform    such    other    duties    as     may     be  other  duties. 
required    of  him  or  her  by    law,    and    at    the    close    of   the 
term   of    office    to    deliver    all    records,    books    and    papers 
belonging  to  the  office,  to  his  or  her  successor. 

SEC.  9.     It    shall  be    the    duty   of    the    chairman    of    the  Duty  of  chair- 
board  of  school  inspectors  of  each  township :  men' etc- 

First,  To  have  general  supervisory  charge  of  the    schools  supervision  of 
of  his  township,  subject  to  such  advice  and  direction  as  the  Sc 
county  commissioner  may  give; 

Second,  To   make    such    reports   of  his  official  labors  and  TO  make  reports, 
of    the    condition    of    the    schools  as   the   Superintendent  of etc' 
Public  Instruction  may  direct  or  commissioner  request. 

SEC.  10.     The  compensation  of  each  commissioner  shall  be  compensation  of 
determined    by    the    board    of    supervisors    of   each    county Commi88loner- 
respectively,    but    the    compensation    shall  not  be  fixed  at  a 
sum    less   than    five    hundred     dollars    per    annum    in    any 
county    where  there  are  fifty  schools   under  his  or  her   super- 
vision; at  not   less    than    one    thousand  dollars   per   annum 
where    there    are  one    hundred    schools   under    such    super- 
vision ;   and    not    less    than    twelve    hundred    dollars    where 
there    are    one   hundred   and   twenty-five    schools    under  his 
supervision;  and  in  no  case  shall  such  compensation  exceed 
the  sum  of  fifteen  hundred  dollars  per  annum.     Each  mem-  of  examiners, 
ber  of  the  board  of  school  examiners  other  than  the  county 
commissioner     shall     receive     four     dollars     for     each     day 
actually  employed  in  the  duties  of  his  office.     The  compen-  o;  assistant 
sation  of  any  assistant   visitor,  when  appointed   as  provided visitors< 
in  this  act,  shall  be  determined  by  the  county  commissioner, 
but  in   no   case  shall    it  exceed    three   dollars  for  each  day 
employed.     The  compensation    of    the   county  commissioner,  TO  be  paid 
members    of    the    board    of    school    examiners    and    of    any quarterly- 
assistant    visitor    shall   be    paid    quarterly    from    the    county 
treasury,  upon  such  commissioner  or   visitor  filing  with  the 
county   clerk    a    certified    statement  of/  his   or    her   account, 
which  shall  give  in  separate   items   the  nature    and  amount 
of    the   service    for    each    day    for    which    compensation    is 
claimed :   Provided,  That  in   no  case  shall  the    county   com-  Proviso, 
missioner    receive    any    order    for    compensation   from    the 
county  clerk   until   he   has   filed   a   certified   statement  from 
the    Superintendent    of   Public   Instruction   that   all   reports 
required  of  the  commissioner  have  been  properly  made   and 
filed  with  said  superintendent:    Provided  further,   That  no  Further  proviso, 
commissioner  shall  receive  an  order  for  compensation   until  ' 
he   shall  have  filed  with  the  county    clerk  a    detailed  state- 
ment under  oath  showing  what  schools  have  been  visited  by 
him    during    the    preceding    quarter    and    what    amount    of 
time    was   employed    in  each    school,    naming   the   township 
and  school  district.     The  necessary    contingent    expenses   of Of  contingent 

,-i  ..  »  .     , .  LA"  3  expenses. 

the  commissioner  tor  printing,  postage,  stationery,  record 
books  and  rent  of  rooms  for  public  examinations  shall  be 
audited  and  allowed  by  the  board  of  supervisors  of  the 
county,  but  in  no  county  shall  the  expenses  so  allowed  Limit  of. 


14 


AMENDMENTS  TO  SCHOOL  LAWS. 


Of  vacancies. 


exceed  the  sum  of  two  hundred  dollars  per  annum  and  no 
traveling  fees  shall  be  allowed  to  the  commissioner  or  to 
any  assistant  visitor  or  school  examiner. 

snail  not  act  as  SEC.  11.  No  county  commissioner  shall  act  as  agent  for 
the  sale  of  any  school  furniture,  text-books,  maps,  charts  or 
other  school  apparatus,  nor  be  interested  financially  in  any 
summer  normal,  or  teachers'  training  class  in  the  county 
for  which  he  was  elected. 

SEC.  12.  Whenever  by  death,  resignation,  removal  from 
office  or  otherwise  a  vacancy  shall  occur  in  the  office  of  the 
county  commissioner  of  schools,  the  county  clerk  shall  issue 
a  call  to  the  chairman  of  the  township  board  of  school 
inspectors  of  each  township  in  the  county,  who  shall  meet 
at  the  office  of  the  county  clerk  on  a  date  to  be  named  in 
said  [notices]  notice  not  more  than  ten  days  from  the  date 
of  the  notice,  and  appoint  a  suitable  person  to  fill  the 
vacancy  for  the  unexpired  portion  of  the  term  of  office. 

SEC.  13.  All  schools  which  by  special  enactment  may 
have  a  district  board  authorized  to  inspect  and  grant  cer- 
tificates to  the  teachers  employed  in  the  same,  shall  be 
exempt  from  the  provisions  of  this  act,  as  to  the  examina- 
tion and  licensing  of  teachers.  The  officers  of  every  school 
district  which  is  or  shall  hereafter  be  organized  in  whole  or 
in  part  in  any  incorporated  city  in  this  State  where  no 
special  enactments  shall  exist  in  regard  to  the  licensing  of 
teachers  shall  have  power  to  examine  and  license,  or  may 
require  the  county  commissioner  to  examine  and  license 
teachers  for  such  district  and  such  license  shall  be  valid  in 
said  district  for  the  term  of  three  years.  All  city  schools 
having  a  superintendent  employed  by  their  respective  boards 
of  education  shall  be  exempt  from  the  provisions  of  this 
chapter  as  to  the  examination  and  licensing  of  teachers  and 
as  to  the  supervision  of  the  schools  in  such  city,  but  all 
such  schools  shall,  through  their  proper  officers,  make  such 
reports  as  the  Superintendent  of  Public  Instruction  may 
require. 

SEC.  14.  All  acts  or  parts  of  acts  conflicting  with  the 
provisions  of  this  act  are  hereby  repealed. 


Certain  schools 
exempted,  etc. 


Of  city  schools. 


Exempt  from 
licensing  of 
teachers,  etc. 


To  make  reports. 


Repealing 
clause. 


NOTE  1.  The  present  secretary  shall  continue  to  act  under  the  provisions  of  the  old 
law  until  the  fourth  Tuesday  of  August. 

NOTE  2.  The  members  of  the  old  board  of  examiners  other  than  the  secretary  shall 
act  with  the  school  commissioner  until  the  second  Monday  of  October,  when  the  term 
of  the  examiners  under  this  act  will  begin. 


AMENDMENTS  TO  SCHOOL  LAWS.  15 

[ACT  No.  176.] 

[Takes  effect  June  30,  1891/1 

AN  ACT  for    the   organization  of   township   school   districts 
in  the  Upper  Peninsula. 

SECTION  1.  The  People  of  the  State  of  Michigan  enact,  petition  for 
That  whenever  the  qualified  electors  of  any  organized  town-  ori 
ship  in  the  Upper  Peninsula  desire  to  become  organized  into 
a  single  school  district,  they  may  petition  the  township 
board  to  give  notice  that  at  the  succeeding  township  meeting 
the  officers  for  such  organized  school  district  will  be  chosen, 
and  such  other  business  transacted  as  shall  be  necessary 
thereto.  '  Such  petition  shall  be  signed  by  a  majority  of  the 
qualified  electors  of  the  township  and  shall  be  filed  in  the 
office  of  the  township  clerk  at  least  fifteen  days  prior  to  the 
annual  township  meeting.  Upon  the  receipt  and  filing  of  cierk  to  notify 
said  petition,  the  township  clerk  shall  notify  the  members bq 
of  the  township  board  and  the  school  [inspector]  inspectors 
of  the  township  to  attend  a  special  meeting  to  be  held  not 
more  than  five  days  thereafter,  and  at  which  meeting  it  shall 
be  the  duty  of  such  township  board  to  compare  the  names 
signed  to  the  petition  with  the  names  appearing  on  the  list 
of  registered  voters  qualified  to  vote  at  the  preceding  election, 
and  if  it  be  found  that  a  majority  of  the  voters  qualified 
to  vote  at  the  preceding  election  have  signed  the  petition 
that  the  organized  township  of  which  they  are  resident  be 
organized  as  a  single  school  district,  they  shall  give  notice 
that  at  the  then  succeeding  township  meeting  officers  will 
be  chosen  for  such  organized  school  district ;  and  shall  make 
and  file,  both  with  the  county  clerk  and  the  secretary*  of 
the  board  of  school  inspectors  of  the  county  in  which  such 
township  is  located,  a  certified  copy  of  the  above  men- 
tioned petition  together  with  their  finding  and  doings  there- 
on, and  thereupon  such  township  shall  become  a  single  school  TO  be  single 
district  which  shall  be  subject  to  all  the  general  laws  of  the  dil 
State,  so  far  as  the  same  may  be  applicable,  and  said  district 
shall  have  all  the  powers  and  privileges  conferred  upon 
union  school  districts  by  the  laws  of  this  State,  all  the  gen- 
eral provisions  of  which  relating  to  common  or  primary 
schools  shall  apply  and  be  enforced  in  said  district,  except 
such  as  shall  be  inconsistent  with  the  provisions  of  this 
act,  and  all  schools  organized  in  said  district  in  pursuance 
of  this  act,  under  the  directions  and  regulations  of  said 
board  of  education  shall  be  public  and  free  to  all  persons 
actual  residents  within  the  limits  thereof,  between  the  ages 
of  five  and  twenty  years,  inclusive,  and  to  such  other  per- 
sons as  the  board  of  education  shall  admit :  Provided,  That  Proviso, 
whenever  the  majority  of  electors  in  any  surveyed  town- 
ship in  such  organized  township  shall  petition  the  board 
of  education  to  establish  a  school  or  schools  therein,  the 
said  board  of  education  are  hereby  authorized  and  directed 

*  School  Commissioner. 


16 


AMENDMENTS  TO  SCHOOL  LAWS. 


Proviso. 


Duty  of  town- 


within  three  months  thereafter  to  organize  such  school  or 
schools  therein. 

officers  of  SEC.  2.     The   officers  of  said  district  shall   consist  of   two 

district.  trustees,   who,  together  with   the  clerk  and   school  inspector 

of  said  township,  shall  constitute  the  board .  of  education  of 
said  district.  Said  trustees  shall  be  elected  by  ballot  at 
the  annual  township  meeting  of  the  township,  upon  the 
same  ticket  and  canvassed  in  the  same  manner  as  township 
officers  required  by  law  to  be  elected  by  ballot:  Provided, 
That  at  the  annual  election  to  be  held  in  said  township 
next  subsequent  to  the  filing  of  the  petition  as  set  forth 
in  section  one  of  this  act  there  shall  be  elected  two 
trustees  for  said  district  by  the  electors  thereof,  one  of 
whom  shall  hold  his  office  for  the  term  of  one  year,  and 
the  other  one  for  the  term  of  two  years,  and  until  their 
successors  shall  be  elected  and  qualified,  and  the  time  for 
which  the  person  voted  for  is  intended,  shall  be  designated 
on  the  ballot,  and  at  each  election  thereafter  to  be  held 
one  trustee  shall  be  elected  in  said  district,  who  shall  hold 
his  office  for  the  term  of  two  years,  and  until  his  successor 
shall  be  elected  and  qualified,  said  trustee  to  be  desig- 
nated on  the  ticket  or  ballot  for  "  Member  of  board  edu- 
cation." 

SEC.  3.     Within  five   days    after  the    annual    election    the 

ship  cierk,  etc.  township  clerk  shall  notify,  in  writing,  the  persons  elected 
trustees  under  this  act  of  their  election,  and  within  five 
days  thereafter  said  trustees  so  elected  shall  take  and  sub- 
scribe the  oath  of  office  prescribed  by  the  constitution  of 
this  State,  before  any  officer  authorized  to  administer  oaths, 
and  file  the  same  with  the  township  clerk.  The  term  of 
office  of  the  [trustee]  trustees  of  said  district  shall  commence 
on  the  second  Monday  following  the  annual  township 
election  at  which  they  are  elected. 

organization]  SEC.  4.  The  members  of  the  board  of  education  shall 
etc<  meet  on  the  third  Monday  of  April  of  each  year,  at  the 
office  of  the  township  clerk,  and  organize.  The  school 
inspector  of  the  township  whose  term  of  office  will  soonest 
expire  shall  be  president  of  the  board  and  shall  be  entitled 
to  vote  in  all  cases.  In  the,  absence  of  the  president  at  any 
meeting  a  majority  of  the  members  present  may  choose  one 
of  their  own  number  president  pro  tern.  The  township 
clerk  of  said  township  shall  be  ex  officio  clerk  of  said  board 
of  education,  and  shall  be  entitled  to  vote  thereon,  and  in 
case  of  the  absence  of  said  clerk  the  board  may  choose 
some  suitable  person  to  perform  his  duties.  Said  board 
shall  on  said  third  Monday  of  April  in  each  year  elect 
from  their  own  number  a  treasurer,  who  shall  hold  his  office 
for  one  year  and  until  his  successor  is  elected  and  qualified 
and  may  at  any  time  fill  a  vacancy  in  the  office  of  treasurer: 
Provided,  That  the  person  appointed  to  fill  a  vacancy  in 
the  office  of  treasurer  shall  hold  the  office  for  the  unex- 
pired  portion  of  the  term  only.  The  treasurer  of  said  board 


€lerk. 


Treasurer. 


Proviso. 


AMENDMENTS  TO  SCHOOL  LAWS.  17 

shall  within  five  days  after  his  appointment  as  such  treas- 
urer, file  with  the  clerk  of  said  board  the  constitutional 
oath  of  office.  He  shall  also,  before  entering  upon  the  duties  TO  give  bond. 
of  his  office,  give  a  bond  to  said  district  in  such  sum  and 
with  such  sureties  as  said  board  shall  determine  and 
approve,  conditioned  for  the  faithful  performance  of  his 
duties  under  this  act,  and  honestly  accounting  for  all 
moneys  coming  into  his  hands  belonging  to  said  district. 
The  treasurer  of  said  board  shall  have  the  keeping  of  all 
school  and  library  moneys,  and  shall  not  pay  out  the  same 
without  the  authority  of  the  board,  upon  warrants  or  orders 
drawn  upon  him  and  signed  by  the  clerk  and  counter- 
signed by  the  president. 

SEC.  5.     Said  board  of  education  shall  have  power  to  fill  vacancies, 
vacancies  that  may  occur  in    the  office  of   trustee  until  the 
next  annual  election,   and    such    trustee    shall  file  with   the 
clerk  of  said  board  his  oath  of  office  within  five  days  after 
such  appointment  by   the  board. 

SEC.  6.  A  majority  of  the  members  of  said  board  shall  Quorum,  meet- 
constitute  a  quorum,  and  the  regular  meetings  of  said ings>  etc< 
board  shall  be  held  on  the  third  Monday  of  April,  August 
and  December  in  each  year,  and  no  notice  of  such  meet- 
ing shall  be  required,  and  any  two  members  of  said  board 
shall  be  sufficient  to  adjourn  any  meeting  from  time  to 
time  until  a  quorum  is  present.  Special  meetings  of  said 
board  may  be  called  at  any  time  on  the  request  of  the 
president,  or  any  two  members  thereof,  in  writing,  delivered 
to  the  clerk;  and  the  clerk  upon  receiving  such  request 
shall  at  once  notify  each  member  of  said  board,  if  within 
said  district,  of  the  time  of  holding  such  meeting,  which 
shall  be  at  least  three  days  subsequent  to  the  time  of 
receiving  such  request  by  said  clerk.  All  [the]  meetings  of 
said  board  shall  be  held  at  the  township  clerk's  office, 
unless  otherwise  ordered  by  a  resolution  of  the  board;  and 
all  records  and  papers  of  said  district  shall  be  kept  in  the 
custody  of  said  clerk  and  shall  be  open  to  the  inspection 
of  any  taxpayer  of  said  district. 

SEC.  7.     The    said    board    shall    be    the    board    of    school  Board  to  report, 
[inspection]  inspectors   for  said  district  and  shall,  as    such,  etc< 
report  to  the  clerk  of  the  county  in  which   such  township  is 
located  and  shall  have  all  the  powers  and  perform  all  the  duties 
now  enjoyed  and  performed  by  boards  of  school  inspectors,  and 
the   president    of    said    board    shall   perform    all   the   duties 
required   by  law  of    the    chairman   of   the    board    of  school 
inspectors,   and   the   board    of    school    inspectors    for    such 
township  is  hereby  abolished  except  as  its  powers  are   vested 
in   said   board   of   education. 

SEC.  8.     The  board  of  education  of  said  district  shall  have  powers'of 
power  and  authority  to  designate  and  purchase  school  house  bc 
sites,  erect  buildings  and  furnish  the   same,    employ  legally 
qualified   teachers,  provide    books  for  district   library,    make 
by-laws  relative  to  taking  the  census  of  all  children  in  said 
3 


18 


AMENDMENTS  TO  SCHOOL  LAWS. 


Treasurer  to  ap- 
ply for  moneys. 


Tax  for  school 
purposes. 


Proviso. 


district  between  the  ages  of  five  and  twenty  years,  and  to 
make  all  necessary  reports  and  transmit  the  same  to  the 
proper  officers,  as  designated  by  law,  so  that  the  district 
may  be  entitled  to  its  proportion  of  the  primary  school 
fund;  and  said  board  shall  have  authority  to  make  all  need- 
ful regulations  and  by-laws  relative  to  visitation  of  schools; 
relative  to  the  length  of  time  schools  shall  be  kept,  which 
shall  not  be  less  than  three  months  in  each  year;  relative  to 
the  employment  of  feachers  duly  and  legally  qualified;  rela- 
tive to  the  regulations  of  schools  arid  the  books  to  be  used 
therein,  and  generally  to  do  all  things  needful  and  desirable 
for  the  maintenance,  prosperity  and  success  of  the  schools 
of  said  district,  and  the  promotion  of  a  thorough  education 
of  the  children  thereof.  It  shall  be  the  duty  of  the  treas- 
urer of  said  board  to  apply  for  and  receive  from  the  town- 
ship treasurer  or  other  officer  holding  the  same,  all  moneys 
appropriated  for  primary  [schools]  school  and  district  library 
of  said  district. 

SEC.  9.  At  each  annual  township  meeting  held  in  said 
township,  the  qualified  electors  present  shall  determine  the 
amount  of  money  to  be  raised  by  tax  for  all  school  purposes 
for  the  ensuing  year:  Provided,  That  in  case  the  electors  at 
any  annual  township  meeting  shall  neglect  or  refuse  to 
determine  the  amount  to  be  raised  as  aforesaid,  then  the 
board  of  education  shall  determine  the  same  at  any  regular 
meeting  thereof,  which  amount  the  township  clerk  shall, 
within  sixty  days  thereafter,  certify  to  the  supervisor  of  the 
township,  who  shall  spread  the  same  upon  the  regular  tax 
roll  of  said  township,  and  the  same  shall  be  levied,  collected 
and  returned  in  the  same  manner  as  other  township  taxes: 
Provided,  That  for  purchasing  school  lots  and  for  erecting 
school  houses,  no  greater  sum  than  three  mills  on  the  dol- 
lar of  all  the  taxable  valuation  of  the  real  and  personal  prop- 
erty in  said  township  shall  be  levied  in  any  one  year. 

SEC.  10.  All  taxes  assessed  within  said  township  for 
school  purposes  shall  be  set  forth  in  the  assessment  roll  of 
said  township,  in  a  separate  column,  apart  and  distinct  from 
all  other  township  taxes. 

SEC.  11.  The  treasurer  of  the  township  shall  at  any  time, 
at  the  written  request  of  said  board  of  education,  report  to 
said  board  the  amount  of  school  money  in  his  hands,  and 
shall,  on  the  order  of  the  president  of  said  board  of  educa- 
tion, pay  to  the  treasurer  of  said  board  all  such  money, 
taking  his  receipt  therefor,  and  also  a  duplicate  receipt 
which  he  shall  file  with  the  clerk  of  said  board. 

SEC.  12.  The  said  board  shall  annually,  prior  to  the  first 
day  of  April  in  each  year,  make  a  detailed  statement  of  the 
number  of  schools  in  said  district,  the  number  of  teachers 
employed,  and  the  number  of  pupils  instructed  therein  dur- 
ing the  preceding  year,  and  the  expenditures  of  said  board 
for  all  purposes,  and  also  the  resources  and  liabilities  of 
said  district,  which  report  or  statement  shall  be  entered  at 


Idem. 


Of  assessment 
roll. 


Treasurer  to 
report,  etc. 


Board  to  make 
statement,  etc. 


AMENDMENTS  TO   SCHOOL,  LAWS.  19 

length  in  the  record  of  said  board  and  shall  be  publicly 
read  by  the  president  of  said  board,  or  in  his  absence  by  the 
clerk  thereof,  to  the  electors  of  said  township  at  their  annual 
meeting  on  the  first  Monday  of  April  thereafter,  at  the 
hour  of  twelve  o'clock,  noon. 

SEC.    13.     All    school    property,    both    real   and    personal,  Disposition  of 
within  the  limits   of  a    township    incorporated    as    aforesaid, sc 
shall,  by  force  of  this  act,  become  the  property  of   the  pub- 
lic schools  of  such  township,  and  all  debts  and  liabilities  of 
the  primary  school  districts  of  said  township,  as  they  existed 
prior  to  its  incorporation  under    the   provisions  of    this    act, 
shall  become  the  debts  and  liabilities  of  said  public  schools 
of  the  township  so  incorporated. 

SEC.    14.     All    money    raised  or    being   raised    by  tax,    or  ur  moneys  raised 
accrued  or  accruing  to  the  school  districts  of  said  township,  by  tax< 
as  organized    under    the    primary    school   laws  of    this  State 
shall  hereby  become   the  money  of  the   public  school  of  the 
township  and  no   tax   heretofore   ordered  assessed   or    levied 
for  school   purposes  in   said   township  or    other   proceedings 
shall  be  invalidated  or  affected  by  means  of  this  act. 

SEC.  15.     The  compensation  of  the  members  .of  the   board  compensation 
of  education  shall  be  one  dollar  and  fifty  cents  for  each  day's  °f 
actual  service   rendered  for  said    district,  and   the   clerk  and 
treasurer   of  said  board   shall  receive    such  compensation  for 
their  services    as    the    board  may    determine,    not   exceeding 
fifty  dollars  each  per  annum. 

SEC.  16.  When  any  township  district  shall  be  divided  when  township 
into  two  or  more  townships,  the  existing  board  of  trustees  ls 
shall  continue  to  act  for  all  the  townships  until  the  same 
have  been  organized  and  township  boards  of  trustees  duly 
elected  and  qualified  therein.  Immediately  after  such  organ- 
ization, the  township  boards  of  each  of  the  townships  shall 
meet  in  joint  session  and  direct  an  appraisal  of  all  the  school 
property  of  the  former  township  to  be  made.  When  such  Alteration  of 
appraisal  has  been  made,  said  township  boards  shall  make  town8hii>' ete- 
an  equitable  division  of  the  existing  assets  and  liabilities  of 
the  school  district  of  such  former  township,  basing  their 
apportionment  upon  the  amount  of  taxable  property  in  the 
township  divided,  as  shown  by  the  last  assessment  roll  of 
such  former  township.  When  a  township  district  shall  be 
altered  in  its  limits  by  annexing  a  portion  of  its  territory  to 
another  township  or  townships,  the  township  boards  of  each 
of  the  townships  shall,  immediately  after  such  alteration, 
meet  in  joint  session  and  make  an  equitable  division  of  the 
assets  and  liabilities  of  the  school  district  of  the  township 
from  which  the  territory  has  been  detached,  basing  their 
division  upon  the  amount  of  taxable  property,  as  the  same 
shall  appear  upon  the  last  assessment  roll  of  such  township. 


XH  K 


GENERAL   SCHOOL  LAWS 


MICHIGAN: 


WITH 


COMPILED  AT  THE  OFFICE  OB"  THE 


FERRIS  S.  FITCH, 


BY   AUTHORITY. 


[.RUCTION. 


OF  THK 

FNIVERSITT 


LANSING: 
DARIUS  D.  THORP,  STATE  PRINTER  AND  BINDER. 

1889. 


THE 


GENERAL    SCHOOL   LAWS 


OF 


MICHIGAN: 


COMPILED  AT  THE  OFFICE  OF  THE 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 


1889. 


BY   AUTHORITY. 


LANSING: 
DARIUS  D.  THORP,  STATE  PRINTER  AND  BINDER. 

1889. 


THIS  VOLUME  IS  STATE  PROPERTY. 

School  officers,  on  retiring  from  office,  are  required  by  law  to  deliver  this  book, 
with  all  other  books  and  documents  of  an  official  character,  to  their  successors  in 
office. — See  HowelVs  Annotated  Statutes,  Chapter  295. 


INTRODUCTORY. 


This  compilation  of  the  General  School  Laws  includes  all  constitutional 
and  statutory  provisions  relating  to  education  at  present  in  force.  The 
amendments  passed  at  the  legislative  sessions  of  1887  and  1889  have  been 
incorporated  in  the  text,  necessitating  some  slight  changes  in  the  arrange- 
ment followed  in  the  edition  of  1885.  Act  No.  222,  Public  Acts  of  1887, 
relating  to  truancy,  and  Act  No.  147,  Public  Acts  of  1889,  providing  for 
free  text-books,  are  added  as  new  chapters.  With  these  additions,  and  a 
slight  change  in  numbering  the  compiler's  sections  in  the  latter  part  of  the 
text,  the  general  plan  of  the  edition  of  1885  has  been  closely  followed. 

The  opinions  of  Attorneys  General  that  have  from  time  to  time  been 
filed  in  the  office  of  the  Superintendent  of  Public  Instruction  are  given  in 
foot  notes,  with  references  to  the  section  or  sections  containing  the  provis- 
ions of  law  covered  by  the  decision.  It  is  believed  that  these  decisions  will 
prove  of  much  assistance  in  arriving  at  a  proper  construction  of  the  law, 
and  will  aid  school  officers  very  materially  in  solving  many  of  the  perplexing 
questions  that  continually  arise. 

The  digest  of  Supreme  Court  decisions  embodied  in  Appendix  A  has  been 
brought  up  to  date  and  the  index  carefully  revised. 

JOSEPH   ESTABKOOK, 
Superintendent  of  Public  Instruction. 


CONTENTS. 


CONSTITUTIONAL  PROVISIONS 

Article  VIII.— State  officers, "> 

Article  XIII.— Education, 5 

STATUTORY  PROVISIONS. 

Chapter  I. — Superintendent  of  Public  Instruction, 8 

Chapter  II. — Formation,  Alteration,  Meetings  and  Powers  of  Districts,          .        .  10 

Chapter  III.— District  Board  and  Officers, 16 

Chapter  IV.— Township  Officers, 25 

Chapter  V.— County  Clerk  and  Treasurer, 80 

Chapter  VI.— Bonded  Indebtedness  of  Districts, .31 

Chapter  VII. — Suits  and  Judgments  against  Districts, 32 

Chapter  VIII.— Sites  for  School-houses, 33 

Chapter  IX. — Appeals  from  Action  of  Inspectors, 38 

Chapter  X.— Graded  School  Districts, 39 

Chapter  XI. — Libraries, 41 

Chapter  XII. — Examination  of  Teachers  and  Supervision  of  Schools,      ...  44 

Chapter  XIII. — Penalties  and  Liabilities, 51 

Chapter  XI V. — Election  of  School  Inspectors,    .....         ...  53 

Chapter  XV.— Teachers'  Institutes, 54 

Chapter  XVI.— Normal  School  Diplomas  and  Certificates, 56 

Chapter  XVII.— State  Certificates  to  Teachers, 57 

Chapter  XVIII.— Teachers'  Associations, 58 

Chapter  ^IX.— Safe  Keeping  of  Public  Moneys, 58 

Chapter  XX. — Compulsory  Education  of  Children, 59 

Chapter  XXI. — Compulsory    Reformatory    Education    of    Juvenile    Disorderly 

Persons, 61 

Chapter  XXII. — Regulating  the  Employment  of  Children, 64 

Chapter  XXIII.— To  Prevent  Crime  and  Punish  Truancy 65 

Chapter  XXIV.— Free  Text-Books, .        .        .66 

Note. — Apportionment  of  Surplus  Dog-Tax  to  Districts 68 

APPENDIXES. 

Appendix  A. — Digest  of  Decisions  of  the  Supreme  Court, 71 

Appendix  B. — Forms  for  Proceedings, 89 

Appendix  C.— Rules  for  Libraries, 101 


SCHOOL  LAWS  OF  MICHIGAN. 


CONSTITUTIONAL   PROVISIONS. 


ARTICLE  VIII. 

STATE   OFFICERS. 

SECTION"  1.    There  shall  be  elected  at  each  biennial  election,  a  state  officers  to 

be  elected. 

secretary  of  state,  a  superintendent  of  public  instruction,  a  state 
treasurer,  commissioner  of  the  land  office,  an  auditor  general,  and 
an  attorney  general,  for  the  term  of  two  years.  They  shall  keep  where  to  keep 

offices. 

their  offices  at  the  seat  of  government,  and  shall  perform  such 
duties  as  may  be  prescribed  by  law. 

SEC.  2.  Their  term  of  office  shall  commence  on  the  first  day  of  Term  of  office. 
January,  one  thousand  eight  hundred  and  fifty-three,  and  of  every 
second  year  thereafter. 

SEC.  3.    Whenever  a  vacancy  shall  occur  in  any  of  the  State  vacancy,  how 
offices,  the  governor  shall  fill  the  same  by  appointment,  by  and 
with  the  advice  and  consent  of  the  senate,  if  in  session. 

ARTICLE  XIII. 

EDUCATION. 

SECTION  1.  The  superintendent  of  public  instruction  shall  have  Duties  of  super- 

intendent  of 


the  general  supervision  of  public  instruction,  and  his  duties  shall 
be  prescribed  by  law. 

SEC.  2.  The  proceeds  from  the  sales  of  all  lands  that  have  been  school  fund. 
or  hereafter  may  be  granted  by  the  United  States  to  the  State  for 
educational  purposes,  and  the  proceeds  of  all  lands  or  other  prop- 
erty given  by  individuals,  or  appropriated  by  the  State  for  like 


GENERAL  SCHOOL  LAWS. 


purposes,  shall  be  and  remain  a  perpetual  fund,  the  interest  and 
income  of  which.,  together  with  the  rents  of  all  such  lands  as 
may  remain  unsold,  shall  be  inviolably  appropriated  and  annu- 
ally applied  to  the  specific  objects  of  the  original  gift,  grant  or 
appropriation. 

SEC.  3.  All  lands,  the  titles  to  which  shall  fail  from  a  defect 
of  heirs,  shall  escheat  to  the  State ;  and  the  interest  on  the  clear 
proceeds  from  the  sales  thereof  shall  be  appropriated  exclusively 
to  the  support  of  primary  schools. 

SEC.  4.  The  legislature  shall,  within  five  years  from  the  adop- 
tion of  this  constitution,  provide  for  and  establish  a  system  of 
primary  schools,  whereby  a  school  shall  be  kept  without  charge 
for  tuition,  at  least  three  months  in  each  year,  in  every  school 
district  in  the  State ;  and  all  instruction  in  said  schools  shall  be 
conducted  in  the  English  language. 

SEC.  5.  A  school  shall  be  maintained  in  each  school  district  at 
least  three  months  in  each  year.  Any  school  district  neglecting 
to  maintain  such  school  shall  be  deprived  for  the  ensuing  year  of 
its  proportion  of  the  income  of  the  primary  school  fund,  and  of 
all  funds  arising  from  taxes  for  the  support  of  schools. 

SEC.  6.  There  shall  be  elected  in  the  year  eighteen  hundred 
and  sixty-three,  at  the  time  of  the  election  of  a  justice  of  the 
supreme  court,  eight  regents  of  the  university,  two  of  whom  shall 
hold  their  office  for  two  years,  two  for  four  years,  two  for  six 
years,  and  two  for  eight  years.  They  shall  enter  upon  the  duties 
of  their  office  on  the  first  of  January  next  succeeding  their  elec- 
tion. At  every  regular  election  of  a  justice  of  the  supreme  court 
thereafter,  there  shall  be  elected  two  regents,  whose  term  of  office 
shall  be  eight  years.  When  a  vacancy  shall  occur  in  the  office  of 
regent,  it  shall  be  filled  by  appointment  of  the  governor.  The 
regents  thus  elected  shall  constitute  the  board  of  regents  of  the 
university  of  Michigan.1 

SEC.  7.  The  regents  of  the~ university,  and  their  successors  in 
office,  shall  continue  to  constitute  the  body  corporate  known  by 
the  name  and  title  of  "  The  regents  of  the  university  of  Michi- 
gan." 

SEC.  8.  The  regents  of  the  university  shall,  at  their  first  annual 
meeting,  or  as  soon  thereafter  as  may  be,  elect  a  president  of  the 


Escheats. 


Free  schools. 


Instruction  con- 
ducted In  Eng- 
lish language. 

District  schools. 

When  deprived 
of  public 
money. 


Election  of 
regents  of  the 
university. 


Vacancy,  how 
filled. 


Regents  a  body 
corporate. 


President  of  the 
university. 


1  Amendment  agreed  to  by  the  legislature  of  1861,  and  approved  by  the  people  in 
1862. 


GENERAL  SCHOOL  LAWS. 


university,  who  shall  be  ex  officio  a  member  of  their  board,  with 
the  privilege  of  speaking,  but  not  of  voting.  He  shall  preside  at 
the  meetings  of  the  regents,  and  be  the  principal  executive  officer 
of  the  university.  The  board  of  regents  shall  have  the  general 
supervision  of  the  university,  and  the  direction  and  control  of  all 
expenditures  from  the  university  interest  fund. 

SEC.  9.  There  shall  be  elected  at  the  general  election  in  the  state  board  of 

education. 

year  one  thousand  eight  hundred  and  fifty-two,  three  members  of 

a  State  board  of  education ;  one  for  two  years,  one  for  four  years 

and  one  for  six  years ;  and  at  each  succeeding  biennial  election 

there  shall  be  elected  one  member  of  such  board,  who  shall  hold 

his  office  for  six  years.    The  superintendent  of  public  instruction  superintendent 

shall  be  ex  officio  a  member  and  secretary  of  such  board.     The  {J^^.1011  a 

board  shall  have  the  general  supervision  of  the  State  normal  care  of  normal 

school. 

school,  and  their  duties  shall  be  prescribed  by  law. 

SEC.  10.  Institutions  for  the  benefit  of  those  inhabitants  who  Asylums. 
are  deaf,  dumb,  blind  or  insane,  shall  always  be  fostered  and 
supported. 

SEC.  11.  The  legislature  shall  encourage  the  promotion  of  Agricultural 
intellectual,  scientific  and  agricultural  improvement ;  and  shall, 
as  soon  as  practicable,  provide  for  the  establishment  ^of  an  agri- 
cultural school.  The  legislature  may  appropriate  the  twenty-two 
sections  of  salt  spring  lands  now  unappropriated,  or  the  money 
arising  from  the  sale  of  the  same,  where  such  lands  have  been 
already  sold,  and  any  land  which  may  hereafter  be  granted  or 
appropriated  for  such  purpose,  for  the  support  and  maintenance 
of  such  school,  and  may  make  the  same  a  branch  of  the  univer- 
sity, for  instruction  in  agriculture  and  the  natural  sciences  con- 
nected therewith,  and  place  the  same  under  the  supervision  of 
the  regents  of  the  university. 

SEC.  12.  The  legislature  shall  also  provide  for  the  establish- 
ment  of  at  least  one  library  in  each  township  and  city;  and  all 
fines  assessed  and  collected  in  the  several  counties  and  townships  m 
for  any  breach  of  the  penal  laws,  shall  be  exclusively  applied  to 
the  support  of  such  libraries,  unless  otherwise  ordered  by  the 
township  board  of  any  township,  or  the  board  of  education  of  any 
city :  Provided,  That  in  no  case  shall  such  fines  be  used  for  other  Proviso, 
than  library  or  school  purposes.1 

1  Amendment  agreed  to  by  the  legislature  of  1879,  and  approved  by  the  people  in 


GENERAL  SCHOOL  LAWS. 


STATUTORY  PROVISIONS. 


Powers  and 
duties  of. 


To  make 
annual  report. 


Contents  of. 


Deputy  super- 
intendent. 


Duties  of. 


School  laws  to 
toe  compiled  and 
published  with 
forms,  etc.  J 


Act  No.  164,  Laws  of  1881,  as  amended  by  Session  Laws  of  1883,  1885,  1887  and  1889. 

CHAPTER  I. 

THE   SUPERINTENDENT   OF   PUBLIC   INSTRUCTION. 

(§1.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  the  superintendent  of  public  instruction  shall  have  general 
supervision  of  public  instruction  and  of  all  State  institutions, 
other  than  the  university,  that  are  essentially  educational  in 
their  character,  and  it  shall  be  his  duty,  among  other  things,  to 
visit  the  university,  the  agricultural  college,  the  institution  for 
the  deaf  and  dumb,  the  school  for  the  blind,  the  reform  school, 
the  reform  school  for  girls,  and  the  public  school  for  dependent 
and  neglected  children,  and  to  meet  with  the  governing  boards 
of  each  of  said  institutions  at  least  once  in  each  year.  He  shall 
also  prepare  annually,  and  transmit  to  the  governor,  to  be  by  him 
transmitted  to  the  legislature  at  each  biennial  session  thereof,  a 
report  containing : 

First,  A  statement  of  the  condition  of  the  university  and  of 
each  of  the  several  State  educational  institutions,  all  incorpo- 
rated institutions  of  learning,  and  the  primary,  graded,  and  high 
schools ; 

Second,  Estimates  and  amounts  of  expenditures  of  all  educa- 
tional funds; 

Third,  Plans  for  the  management  of  all  educational  funds, 
and  for  the  better  organization  of  the  educational  system,  if,  in 
his  opinion,  the  same  be  required ; 

Fourth,  The  annual  reports  and  accompanying  documents,  so 
far  as  he  shall  deem  the  same  of  sufficient  public  interest,  of  all 
State  institutions  of  educational  character ; 

Fifth,  Abstracts  of  the  annual  reports  of  the  school  inspectors 
of  the  several  townships  and  cities  of  the  State ; 

Sixth,  All  such  other  matter  relating  to  his  office  and  the  sub- 
ject of  education  generally  as  he  shall  deem  expedient  to  commu- 
nicate. 

(§2.)  SEC.  2.  He  may  appoint  a  deputy  superintendent  of  pub- 
lic instruction  and  revoke  such  appointment  in  his  discretion, 
and  such  deputy  shall  take  the  constitutional  oath  of  office,  which 
with  his  appointment,  shall  be  filed  with  the  secretary  of  state. 
Said  deputy  may  execute  the  duties  of  the  office  in  case  of  a 
vacancy  or  the  absence  of  the  superintendent. 

(§3.)  SEC.  3.  The  superintendent  of  public  instruction  shall 
compile  and  cause  to  be  printed  all  general  laws  relating  to  schools, 
together  with  all  necessary  forms,  regulations,  and  instructions  for 
conducting  all  proceedings  under  said  laws,  or  relative  to  the 
organization  and  government  of  the  schools,  including  rules  and 
regulations  for  the  management  of  township  and  district  libraries, 


GENERAL  SCHOOL  LAWS. 


and  shall  transmit  the  same  to  the  several  officers  intrusted  with 
the  care  and  managment  of  said  schools. 

(§4.)  SEC.  4.  He  shall  semi-annually,  on  receiving  notice  from  Apportionment 
the  auditor  general  of  the  amounts  thereof,  and  between  the  first  sJn^fuId, 
and  tenth  days  of  May  and  November,  apportion  the  primary  etc- 
school  interest  fund  among  the  several  townships  and  cities  of 
the  State,  in  proportion  to   the  number   of   children  in   each SeeApp- A"154- 
between  the  ages  of  fiv,e  and  twenty  years,  as  the  same  shall 
appear  by  the  reports  of  the  several  boards  of  school  inspectors 
made  to  him  for  the  school  year  closing  prior  to  the  May  appor- 
tionment, and  shall  prepare  a  statement  of  the  amount  in  the 
aggregate  payable  to  each  county,  and  shall  deliver  the  same  to 
the  auditor  general,  who  shall  thereupon  draw  his  warrant  upon 
the  State  treasurer  in  favor  of  the  treasurer  of  each  county  for  the 
amount  payable  to  each  county.      He  shall  also  send  written  ^n°e  JJ  k 
notices  to  the  clerks  of  the  several  counties  of  the  amount  in  the  Amounts1*8 
aggregate  to  be  disbursed  in  their  respective  counties,  and  the  dlsbursed- 
amount  payable  to  the  townships  and  cities  therein  respectively.* 

(§5.)  SEC.  5.    Whenever  the  returns  from  any  county,  town-  caseofdefeVt^ 
ship,  city,  or  district,  upon  which  a  statement  of  the  amount  to  *ve  returns. 
be  disbursed  or  paid  to  any  such  county,  township,  city,  or  district 
shall  be  so  far  defective  as  to  render  it  impracticable  to  ascertain 
the  share  of  primary  school  interest  fund  which  ought  to  be  dis- 
bursed  or  paid   to   such   county,  township,  city,  or  district,  he 
shall  ascertain  by  the  best  evidence  in  his  power  the  facts  upon 
which  the  ratio  of  such  apportionment  shall  depend,  and  shall 
make  the  apportionment  accordingly. 

(§6.)  SEC.  6.  Whenever  any  county,  township,  city,  or  district,  when  deficiency 
through  failure  or  error  in  making  the  proper  report,  shall  fail  t?oned.ethePnext 
to  receive  its  share  of  the  primary  school  interest  fund,  the  year- 
superintendent  of  public  instruction,   upon   satisfactory  proof 
that  said  county,  township,  city,  or  district  was  justly  entitled  to 
the  same,  shall  apportion  such  deficiency  in  his  next  apportion- 
ment; and  whenever  it  shall  appear  to  the  satisfaction  of  said 
superintendent  that  any  district  has  had  three  months'  school, 
but  failed  to  have  the  full  time  of  school  required  by  law,  through 
no  fault  or  negligence  of  the  district  or  its   officers,  he  may 
include  such  district  in  his  apportionment  of  the  primary  school 
interest  fund  in  his  discretion. 

(§7.)  SEC.  7.   The  superintendent  of  public  instruction  shall  other  duties  of 
perform  such  other  duties  as  are  or  shall  be  required  of  him  by  8U 
law,   and  at  the  expiration  of  his  term  of  office  deliver  to  his 
successor  all  property,  books,  documents,  maps,  records,  reports, 
and  all  other  papers  belonging  to  his  office,  or  which  may  have 
been  received  by  him  for  the  use  of  his  office. 

»  As  amended  by  Act  No.  202,  Session  Laws  of  1885. 


10 


GENERAL  SCHOOL  LAWS. 


CHAPTER  II. 

FORMATION,  ALTERATION,  MEETINGS,  AND  POWERS  OP  DISTRICTS. 


Inspectors  to 
form  districts. 


May  alter 
boundaries  of. 


See  App.  A., 
IT  48. 


Township  clerk 
to  deliver  notice 
of  formation  to 
Inhabitant. 

See  App.  B., 
forms  1,  2,  3. 


Inhabitant  to 
serve  notice  of 
first  meeting. 


See  8  ]39. 


Return  of 
notice. 

Notice  and 
return  to  be 
recorded. 


Proceedings  in 
case  of  failure 
to  organize 
district. 


Formation  of 

fractional 

districts. 


To  whom 
director  of  such 
district  shall 
report. 


(§8.)  SECTION  1.  The  township  board  of  school  inspectors  shall 
divide  the  township  into  such  number  of  school  districts  as  may 
from  time  to  time  be  necessary,  which  districts  they  shall  number, 
and  they  may  regulate  and  alter  the  boundaries  of  the  same  as 
circumstances  shall  render  proper,  subject  to  the  provisions  here- 
inafter made ;  but  no  district  shall  contain  more  than  nine  sections 
of  land,  and  each  district  shall  be  composed  of  contiguous  terri- 
tory, and  be  in  as  compact  a  form  as  may  be. 

(§9.)  SEC.  2.  Whenever  the  board  of  school  inspectors  of  any 
township  shall  form  a  school  district  therein,  it  shall  be  the  duty 
of  the  clerk  of  such  board  to  deliver  to  a  taxable  inhabitant  of 
such  district  a  notice  in  writing  of  the  formation  of  such  district, 
describing  its  boundaries,  and  specifying  the  time  and  place  of 
the  first  meeting,  which  notice,  with  the  fact  of  such  delivery, 
shall  be  entered  upon  record  by  the  clerk.  The  said  notice  shall 
also  direct  such  inhabitant  to  notify  every  qualified  voter  of  such 
district,  either  personally  or  by  leaving  a  written  notice  at  his 
place  of  residence,  of  the  time  and  place  of  said  meeting,  at  least 
five  days  before  the  time  appointed  therefor ;  and  it  shall  be  the 
duty  of  such  inhabitant  to  notify  the  qualified  voters  of  said 
district  accordingly,  and  said  inhabitant,  when  he  shall  have 
notified  the  qualified  voters  as  required  in  such  notice,  shall  indorse 
thereon  a  return,  showing  such  notification  with  the  date  or  dates 
thereof,  and  deliver  such  notice  and  return  to  the  chairman  of 
the  meeting,  to  be  by  him  delivered  to  the  director  chosen  at 
such  meeting,  and  by  said  director  recorded  at  length  as  a  part 
of  the  records  of  such  district. 

(§10.)  SEC.  3.  In  case  the  inhabitants  of  any  district  shall  fail 
to  organize  the  same  in  pursuance  of  such  notice  as  aforesaid, 
the  said  clerk  shall  give  a  new  notice  in  the  manner  hereinbefore 
provided,  and  the  same  proceedings  shall  be  had  thereon  as  if  no 
previous  notice  had  been  delivered. 

(§11.)  SEC.  4.  Whenever  it  shall  be  necessary  or  convenient  to 
form  a  district  from  two  or  more  adjoining  townships,  the 
inspectors,  or  a  majority  of  them,  of  each  of  such  adjoining  town- 
ships, may  form  such  district,  to  be  designated  as  a  fractional 
district,  and  direct  which  township  clerk  shall  make  and  deliver 
the  notice  of  the  formation  of  the  same  to  a  taxable  inhabitant 
thereof,  and  may  regulate  and  alter  such  district  as  circumstances 
may  render  necessary  in  the  same  manner  that  other  districts  are 
altered.  The  annual  reports  of  the  director  of  such  district  shall 
be  made  to  the  inspectors  of  the  township  in  which  the  school. 

(88.)  la  Clement  vs.  Everest,  29  Mich.,  page  19,  the  Supreme  Court  decided  that  the 
legality  of  the  action  of  the  officers  in  organizing  a  school  district  cannot  be  enquired 
into  collaterally;  that  it  is  none  of  the  business  of  the  township  treasurer  whether 
the  district  was  or  was  not  properly  organized  and  that  he  must  go  on  in  the  perform- 
ance of  his  duties  with  respect  thereto  until  such  organization  has  been  declared 
illegal  on  a  proceeding  instituted  for  that  purpose.— Kirchner,  Atty.  Gen.,  Aug.  20, 


GENERAL  SCHOOL  LAWS.  11 

house  may  be  situated,  and  the  inspectors  of  such  township  shall 
number  said  district. 

(§12.)  SEC.  5.  Every  such  school  district  shall  be  deemed  duly 
organized  when  any  two  of  the  officers  elected  at  the  first  meeting 
shall  have  filed  their  acceptances  in  writing  with  the  director,  and 
the  same  shall  have  been  recorded  in  the  minutes  of  such  first 
meeting.     Every  school  district  shall,  in  all  cases,  be  presumed 
to  have  been  legally  organized  when  it  shall  have  exercised  the 
franchises  and  privileges  of  a  district  for  the  term  of  two  year ; 
and  such  school  district  and  its  officers  shall  be  entitled  to  all  the  see  APP.  A  , 
rights,  privileges,  and  immunities,  and  be  subject  to  all  the  duties  ir'r25' 29'  ^ 47< 
and  liabilities  conferred  upon  school  districts  by  law. 

(§13.)    SEC.  6.    The  record  of  the  first  meeting  made  by  the  Director's 
director  shall  be  prima  facie  evidence  of  the  facts  therein  set  mSng^be 
forth,  and  of  the  legality  of  all  proceedings  in  the  organization  evldence- 
of  the  district  prior  to  the  first  district  meeting ;  but  nothing  in 
this  section  contained  shall  be  so  construed  as  to  impair  the 
effect  of  the  record  kept  by  the  school  inspectors,  as  evidence. 

COEPOEATE   POWEES   OF   DISTEICTS. 

(§14.)  SEC.  7.  Every  school  district  organized  in  pursuance  of  school  districts 
this  chapter,  or  which  has  been  organized  and  continued  under  Strata.68 
any  previous  law  of  the  State  or  territory  of  Michigan,  shall  be 
a  body  corporate,  and  shall  possess  the  usual  powers  of  a  corpora- 
toin  for  public  purposes,  by  the  name  and  style  of  "School  District  Name  and  style. 
Number  - —  (such  number  as  shall  be  designated  in  the  forma- 
tion thereof  by  the  inspectors),  of "  (the  name  of  the  town- 
ship or  townships  in  which  the  district  is  situated),  and  in  that  Powers  of. 
name  shall  be  capable  of  suing  and  being  sued,  of  contracting 
and  being  contracted  with,  and  of  holding  such  real  and  personal 
estate  as  is  authorized  to  be  purchased  by  the  provisions  of  law, 
and  of  selling  the  same. 

ALTEEATION    OF    DISTEICTS. 

(§15.)  SEC.  8.    Whenever  the  board  of  school  inspectors  shall  Meetings  of 
contemplate  an  alteration  of  the  boundaries  of  a  district,  the  SdistJicts. 
township  clerk  (and  for  meetings  of  boards  to  act  in  relation  to 
fractional  districts,  clerks  of  the  several  townships  interested) 
shall  give  at  least  ten  days'  notice  of  the  time  and  place  of  the 
meeting  of  the  inspectors,  and  the  alterations  proposed,  by  post-  Notlce  of- 
ing  such  notice  in  three  public  places  in  the  township  or  town-  see  APP.  B., 
ships,  one  of  which  notices  shall  be  in  each  of  the  districts  that formlt5- 
may  be  affected  by  such  alteration.      Whenever  the  board  of  s«e  APP.  A., 
school  inspectors  of  more  than  one  township  meet,  they  shall  w  l>  36' 38' 46> 
elect  one  of  their  number  chairman,  and  another  clerk  thereof.b 

(§16. )  SEC.  9.  The  inspectors  may,  in  their  discretion,  detach  Powers  of 
the  property  of  any  person  or  persons  from  one  district  and 
attach  it  to  another ;  except  that  no  land  which  has  been  taxed 

b  As  amended  by  Act  No.  82,  Session  Laws  of  1883. 


GENERAL  SCHOOL  LAWS. 


See  App.  A.. 
HIT  2.  3,  37,  41, 
42,  43,  45,  98. 

When  consent 
of  tax-payers 
to  be  obtained. 

See  §  110. 


Persons  out  of 
district  may  be 
attached  there- 
to In  certain 
cases. 


Township  clerk 
to  give  notice 
of  alteration  In 
districts. 

See  App.  B., 
form  4. 


for  building  a  school-house  shall  be  set  off  into  another  school 
district  for  the  period  of  three  years  thereafter,  except  by  the  con- 
sent of  the  owner  thereof;  and  no  district  shall  be  divided  into 
two  or  more  districts  without  the  consent  of  a  majority  of  the 
resident  tax-payers  of  said  district,  and  no  two  or  more  districts 
be  consolidated  without  the  consent  of  a  majority  of  the  resident 
tax-payers  of  each  district. 

(§17.)  SEC.  10.  The  inspectors  may  attach  to  a  school  district 
any  person  residing  in  a  township,  and  not  in  any  organized  dis- 
trict, at  his  request ;  and  for  all  district  purposes  except  raising 
a  tax  for  building  a  school-house,  such  person  shall  be  considered 
as  residing  in  such  district ;  but  when  set  off  to  a  new  district, 
no  sum  shall  be  raised  for  such  person  as  his  proportion  to  the 
district  property. 

(§18.)  SEC.  11.  In  all  cases  where  an  alteration  of  the  boundaries 
of  a  school  district  shall  be  made,  the  township  clerk  shall,  within 
ten  days,  deliver  to  the  director  of  each  district  affected  by  the 
alteration  a  notice  in  writing,  setting  forth  the  action  of  the 
inspectors  and  defining  the  alterations  that  have  been  made. 


DIVISION   OF   PROPERTY. 


When  district  Is 
divided  prop- 
erty to  be 
apportioned. 

See  App.  A., 
HIT  3,  4,  40,  98, 
105. 


When  school- 
house  or  site 
is  not  needed, 
may  be  sold. 

See  App.  A., 


Proceeds  of 
sale  to  be 
apportioned. 


How  proportion 
to  be  ascer- 
tained. 


Proviso. 


(§  19.)  SEC.  12.  When  a  new  district  is  formed  in  whole  or  in 
part,  from  one  or  more  districts  possessed  of  a  school-house,  or 
entitled  to  other  property,  the  inspectors,  at  the  time  of  forming 
such  new  district,  or  as  soon  thereafter  as  may  be,  shall  ascertain 
and  determine  the  amount  justly  due  to  such  new  district  from 
any  district  out  of  which  it  may  have  been  in  whole  or  in  part 
formed,  as  the  proportion  of  such  new  district,  of  the  value  of 
the  school-house  and  other  property  belonging  to  the  former  dis- 
trict, at  the  time  of  such  division ;  and  whenever  by  the  division 
of  any  district,  the  school-house  or  site  thereof  shall  no  longer 
be  conveniently  located  for  school  purposes,  and  shall  not  be 
desired  for  use  by  the  new  district  in  which  it  may  be  situated, 
the  school  inspectors  of  the  township  in  which  such  school-house 
and  site  shall  be  located,  may  advertise  and  sell  the  same,  and 
apportion  the  proceeds  of  such  sale,  and  also  any  moneys  belong- 
ing to  the  district  thus  divided,  among  the  several  districts 
erected  in  whole  or  in  part  from  the  divided  district. 

(§20.)  SEC.  13.  Such  proportion  shall  be  ascertained  and 
determined  according  to  the  value  of  the  taxable  property  of  the 
respective  parts  of  such  former  district  at  the  time  of  the  divis- 
ion, by  the  best  evidence  in  the  power  of  the  inspectors ;  and 
such  amount  of  any  debt  due  from  the  former  district,  which 
would  have  been  a  charge  upon  the  new,  had  it  remained  in  the 
former  district,  shall  be  deducted  from  such  proportion  :  Pro- 
vided, That  no  real  estate  thus  set  off,  and  which  shall  not  have 
been  taxed  for  the  purchase  or  building  of  such  school-house, 

(§19.)  Upon  investigation  we  are  of  the  opinion  that  the  school  inspectors  of  the 
township  have  full  and  absolute  control  over  the  advertisement,  sale  and  appor- 
tionment of  the  proceeds  among  the  several  districts,  erected  in  whole  or  in  part 
therefrom. -VanRiper,  Attorney  General,  July  24,  1382, 


GENERAL  SCHOOL  LAWS.  13 

shall  be  entitled  to  any  portion  thereof,  nor  be  taken  into  account 
in  such  division  of  district  property. 

DISTRICT     MEETINGS. 

(§21.)  SEC.  14.  The  annual  meeting  of  each  school  district  shall  Annual  meet- 
be  held  on  the  first  Monday  of  September  in  each  year,  and  the  lng' 
school   year  shall  commence  on  that  day:  Provided,  That  any  school  year. 
school  district  that  shall  so  determine  at  an  annual  meeting,  or 
at  a  special  meeting  duly  called  for  that  purpose,  may  hold  its 
annual  meeting  on  the  second  Monday  of  July  in  each  year,  or  Date  of  annual 

,1  f,  0.1        ,.  »  •  ,  i  meeting  may  be 

in  the  same  manner  may  thereafter  change  the  time  of  its  annual  changeed. 
meeting  to  the  first  Monday  in  September  in  each  year,  and  the 
trustees  and  officers  of  the  district  shall  date  their  terms  of  office 
from  the  date  so  chosen  and  until  their  successors  are  elected 
and  qualified :  Provided  jurther,  That  such  action  in  either  case  Proviso, 
shall  not  change  the  time  of  the  commencement  of  the  school 
year  or  the  taking  of  the  annual  school  census.0 

(§22.)  SEC.  15.  Special  meetings  may  be  called  by  the  district  special  meet 
board  ;  and  it  shall  be  the  duty  of  said  board,  or  any  one  of  them, 
to  call  such  meetings  on  the  written  request  of  not  less  than  five  ^0eremA8pp- B" 
legal  voters  of  the  district,  by  giving  the  notice  required  in  the  next 
succeeding  section;  but  no  special  meeting  shall  be  called  unless  ^en  may  not 
the  business  to  be  transacted  may  lawfully  come  before  such  Buslnes8  of  to 
meeting,  and  no  business  shall  be  transacted  at  a  special  meeting  ^stated  in 
unless  the  same  be  stated  in  the  notice  of  said  meeting. 

(§23.)  SEC.  16.  All  notices  of  annual  or  special  district  meet-  JJjj^U  °gf 
ings,  after  the  first  meeting  has  been   held  as  aforesaid,  shall  ™* l™** 'B 
specify  the  day,  and  hour  and  place  of  meeting,  and  shall  be  forms  7/9. " 
given  at  least  six  days  previous  to  such  meeting,  by  posting  up 
copies  thereof  in  three  of  the  most  public  places  in  the  district, 
one  copy  of  which  for  each  meeting  shall  be  posted  at  the  outer 
door  of  the  district  schoolhouse,  if  there  be  one;  and  in  case  of 
any   special  meeting  called  for  the  purpose  of  establishing  or 
changing  the  site  of  a  schoolhouse,  such  notice  shall  be  given  at 
least  ten  days  previous  thereto:  Provided,  That  when  any  of  the 
district  board  shall  receive  a  request  to  call  a  special  meeting,  as  notice, 
provided  in  the  preceding  section,  he  shall  forthwith  give  notice, 
as  above  provided,  of  said  meeting,  which  shall  be  called  in  not 
less  than  six  nor  more  than  twelve  days  from  the  time  the  said 
officer  shall  receive  the  notice  aforesaid.     No  annual  meeting 
shall  be  deemed  illegal  for  want  of  due  notice,  unless  it  shall  megaffor  want 
appear  that  the  omission  to  give  such  notice  was  willful  and  of  notlce- 
fraudulent. 

(§24.)  SEC.  17.  Every  person  of  the  age  of  twenty-one  years,  JJJf.|SS5 
who  has  property  liable  to  assessment  for  school  taxes  in  any  dnlstgrict  meet- 
school  district,  and  who  has  resided  therein  three  months  next 
preceding  any  school  meeting  held  in  said  district,  or  who  has 

c  As  amended  by  Act  No.  22,  Session  Laws  ietio. 

(§24.).  A  person  who  ha<s  no  property  within  the  school  district  liable  to  assessment 
for  school  taxes  has  no  right  to  vote  when  the  raising  of  money  by  tax  is  in  question. 
—Kirclmer,  Attorney  General,  Sept.  20, 1877. 


14 


GENERAL  SCHOOL  LAWS. 


Challenging 
voters. 


Oaths  to  be 
tendered  chal- 
lenged voters. 


resided  three  months  next  preceding  such  meeting  on  any  terri- 
tory belonging  to  such  district  at  the  time  of  holding  said  meet- 
ing, shall  be  a  qualified  voter  in  said  meeting  upon  all  questions, 
and  all  other  persons  who  are  twenty-one  years  of  age,  and  are  the 
parents  or  legal  guardians  of  any  children  included  in  the  school 
census  of  the  district,  and  who  have  for  three  months  as  afore- 
said, been  residents  of  said  district  or  upon  any  territory  belong- 
ing thereto  at  the  time  of  holding  any  school  meeting,  shall  be 
entitled  to  vote  on  all  questions  arising  in  said  district  which  do 
not  directly  involve  the  raising  of  money  by  tax. 

(§25.)  SEC.  18.  If  any  person  offering  to  vote  at  a  school  district 
meeting  shall  be  challenged  as  unqualified  by  any  legal  voter  in 
such  district,  the  chairman  presiding  at  such  meeting  shall  declare 
to  the  person  challenged  the  qualifications  of  a  voter;  and  if  such 
person  shall  state  that  he  is  qualified,  and  the  challenge  shall  not 
be  withdrawn,  the  said  chairman  shall  tender  to  him  an  oath,  in 
substance  as  follows :  "  You  do  swear  (or  affirm)  that  you  are 
twenty-one  years  of  age,  that  you  have  been  for  the  last  three 
months  an  actual  resident  of  this  school  district,  or  residing  upon 
territory  now  attached  to  this  school  district,  and  that  you  are  lia- 
ble to  pay  a  school  district  tax  therein ;  "  and  every  person  taking 
such  oath  shall  be  permitted  to  vote  on  all  questions  proposed  at 
such  meeting.  Or  he  may  take  the  following  oath,  to  wit:  "  You 
do  swear  (or  affirm)  that  you  have  been  for  the  past  three  months 
an  actual  resident  of  this  school  district,  or  residing  upon  territory 
now  attached  to  this  school  district,  and  that  you  are  the  parent  or 
legal  guardian  of  one  or  more  children  now  included  in  the 
school  census  of  this  district;"  and  he  may  vote  upon  all  ques- 
tions which  do  not  directly  involve  the  raising  of  money  by  tax. 
If  any  person  so  challenged  shall  refuse  to  take  such  oath,  his 
vote  shall  be  rejected ;  and  any  person  who  shall  willfully  take  a 
false  oath,  or  make  a  false  affirmation,  under  the  provisions  of 
this  section,  shall  be  deemed  guilty  of  perjury.  When  any  ques- 
tion is  taken  in  any  other  manner  than  by  ballot,  a  challenge 
immediately  after  the  vote  has  been  taken  shall  be  deemed  to  be 
made  when  offering  to  vote,  and  treated  in  the  same  manner. 

(§26.)  SEC.  19.  If  at  any  district  meeting  any  person  shall  con- 
duct himself  in  a  disorderly  manner,  and,  after  notice  from  the 
moderator  or  person  presiding,  shall  persist  therein,  the  moder- 
ator or  person  presiding  may  order  him  to  withdraw  from  the 
meeting,  and  on  his  refusal,  may  order  any  constable,  or^ther 
person  or  persons,  to  take  him  into  custody  until  the  meeting 
shall  be  adjourned ;  and  any  person  who  shall  refuse  to  withdraw 
from  such  meeting  on  being  so  ordered  as  herein  provided,  and 
also  any  person  who  shall  willfully  disturb  such  meeting  by  rude 
and  indecent  behavior,  or  by  profane  or  indecent  discourse,  or  in 
any  other  way  make  such  disturbance,  shall,  on  conviction 
thereof,  be  punished  by  a  fine  not  less  than  two  nor  more  than 
fifty  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding 
thirty  days;  and  any  justice  of  the  peace,  recorder,  or  police 
justice  of  the  township,  ward,  or  city  where  such  offense  shall  be 


False  oath 

deemed 

perjury. 


Disorderly  per- 
sons at  district 
meetings  to  be 
taken  into 
custody. 


Penalty  for' 

disturbing 

meeting. 


Who  shall  have 
jurisdiction  in 
trial. 


GENERAL  SCHOOL  LAWS.  15 

committed,  shall  have  jurisdiction  to  try  and  determine  the  same. 

(§27.)  SEC.  20.    The  qualified  voters   in   any  school  district  Powers  of 
when  lawfully  assembled  at  the  first  and  at  each  annual  meeting, 
or  at  an  adjournment  thereof,  or  at  any  special  meeting  law- 
fully called,  except  as  hereinafter  provided,  shall  have  power : 

First,   At  the  first   meeting  and   at  any  meeting  after  the  To  appoint  tem. 
organization  of  the  district,  in  the  absence  of  the  moderator,  to  pori 
appoint  a  chairman  for  the  time  being,  and  in  the  absence  of  the 
director  to  appoint  some  person  to  act  in  his  stead,  who  shall 
keep  a  minute  of  the  proceedings  of  such  meeting  and  certify  the 
same  to  the  director,  to  be  by  him  entered  in  the  records  of  the 
district ; 

Second,  To  adjourn  from  time  to  time  as  occasion  may  require;  May  adjourn. 

Third,  To  elect  district  officers  as  hereinafter  provided;  TO  elect  officers. 

Fourth,    To  designate,  as  hereinafter  provided,  a  site  or  such  To^etipwte" 
number  of  sites  as  may  be   desired   for   school-houses,  and  to  ^efsor  8chooU 
change  the  same  when  necessary ;  see  §  89. 

Fifth,    To  direct  the  purchasing  or  leasing  of  a  site  or  sites,  T°  dlrect  Pur: 

,        .11        -i    ,  •        -,  ,-,       i      .1*1  i  .    .  -i        .         chase,  etc.,  of 

lawfully  determined  upon;  the  building,  hiring,  or  purchasing  site, 
of  a  school-house  or  houses,  or  the  enlarging  of  a  site  or  sites 
previously  established ; 

Sixth,    To  vote  such  tax  as  the  meeting  shall  deem  sufficient, 
to  purchase  or  lease  a  site  or  sites,  or  to  build,  hire  or  purchase  a 
school-house  or  houses:  but  the  amount  of  taxes  to  be  raised  in  Limit  of  tax. 
any  district  for  the  purpose  of  purchasing  or  building  a  school- 
house  or  houses  in  the  same  year  that  any  bonded  indebtedness  is  See  § 78- 
incurred,  shall  not  exceed  in  districts  containing  less  than  ten 
children  between  the  ages  of  five  and  twenty  years,  two  hundred 
and  fifty  dollars;    in  districts  having  between  ten  and  thirty 
children  of  like  age,  it  shall  not  exceed  five  hundred  dollars;  and 
in  districts  having  between  thirty  and  fifty  children  of  like  age, 
it  shall  not  exceed  one  thousand  dollars.    No  legal  subdivisions  wj£J1£nd  not 
[subdivision]  of  land  shall  be  taxed  for  building  a  school-house 
unless  some  portion  thereof  shall  be  within  two  and  one-half 
miles  of  said  school-house  site. 

Seventh,  To  impose  such  tax  as  shall  be  necessary  to  keep  their  Jo°r ^^ 
school- house  or  houses  in  repair,  and  to  provide  the  necessary  purposes, 
appendages  and  school  apparatus,  and  in  districts  having  district 
libraries,  for  the  support  of  the  same,  and  to  pay  and  discharge 
any  debts  or  liabilities  of  the  district  lawfully  incurred,  and  also 
'to  pay  for  the  services  of  any  district  officer.     The  tax  herein  Llmit  of  tax- 
authorized  to  be  voted  shall  not  exceed  one-half  the  amount 
which  the  district  is  -authorized   to   raise  for  building  school- 
houses. 

(§27,  par.  fifth).  [In  relation  to  power  of  school  district  to  acquire  land  for  enlarge 
ment  of  site].  It  seems  the  owner  of  the  land  refuses  to  sell,  and  the  question  arises 
as  to  the  proper  method  of  obtaining  such  land  for  the  enlargement  of  the  site.  I 
find  nothing  whatever  in  the  act,  save  that  in  Chapter  VIII,  section  2  et.  seq.,  and 
this  says  nothing  whatever  about  the  enlargement  of  sites;  yet  land  for  enlargement 
is,  I  think,  within  the  meaning  of  the  act,  and  as  there  are  no  other  provisions  of 
law  by  which  to  obtain  an  enlarged  site,  where  the  owner  refuses  to  sell,  it  is  advis- 
able to  proceed  thereunder,  and  if  it  does  not  cover  cases  of  enlargement  of  site,  let 
the  courts  so  decide  and  the  law  must  then  be  amended.— Fan  Riper*  Atty.  (Jen., 
March  21, 1882. 


16 


GENERAL  SCHOOL  LAWS. 


To  direct  sale 
of  certain 
property. 

Direct  In  regard 
to  suits. 


May  appoint 
building  com- 
mittee. 


At  annual  meet- 
ing to  deter- 
mine limit  of 
school. 


Forfeiture  of 
public  moneys. 


When  district 
board  to  deter- 
mine length  of 
school. 

May  appropriate 
surplus  mill-tax 
to  certain 
purposes. 


Eighth,  To  authorize  and  direct  the  sale  of  any  school-house, 
site,  building  or  other  property  belonging  to  the  district,  -when 
the  same  shall  no  longer  be  needed  for  the  use  of  the  district ; 

Ninth,  To  give  such  directions  and  make  such  provisions  as 
they  shall  deem  necessary  in  relation  to  the  prosecution  or  defense 
of  any  suit  or  proceeding  in  which  the  district  may  be  a  party, 
or  interested ; 

Tenth,  To  appoint,  as  in  their  discretion  it  may  be  necessary, 
a  building  committee  to  perform  such  duties  in  supervising  the 
work  of  building  a  school-house  as  they  by  vote  may  direct ; 

Eleventh,  At  the  first  and  the  annual  meetings  only,  to  deter- 
mine the  length  of  time  a  school  shall  be  taught  in  their  district 
during  the  ensuing  year,  which  shall  not  be  less  than  nine 
months  in  districts  having  eight  hundred  children  over  five  and 
under  twenty  years  of  age,  and  not  less  than  five  months  in 
districts  having  from  thirty  to  eight  hundred  children  of  like 
ages,  nor  less  than  three  months  in  all  other  districts,  on  pain  of 
forfeiture  of  their  share  of  the  one-mill  tax  and  primary  school 
interest  fund ;  but  in  case  such  matters  shall  not  be  determined 
at  the  first  or  annual  meetings,  the  district  board  shall  determine 
the  same ;  and  in  case  the  district  fails  to  vote  for  at  least  the 
minimum  length  required  herein,  the  district  board  shall  make 
provisions  for  said  minimum  length  of  school ; 

Twelfth,  To  appropriate  any  surplus  moneys  arising  from  the 
one-mill  tax,  after  having  maintained  a  school  in  the  district  at 
least  eight  months  in  the  school  year,  for  the  purpose  of  purchas- 
ing and  enlarging  school  sites,  or  for  building  or  repairing 
school-houses,  or  for  purchasing  books  for  library,  globes,  maps, 
and  other  school  apparatus,  or  for  any  incidental  expenses  of  the 
school . 


CHAPTER  III. 


DISTRICT   BOARD   AND    OFFICERS. 


Term  of  office. 


ScTofBcers"8"  (§^g)  SECTION  1.  At  the  first  meeting  in  each  school  district 
see  A°PpCA8'  there  shall  be  elected  by  ballot  a  moderator  for  the  term  of  three 
W 151, 152."  years,  a  director  for  two  years,  and  an  assessor  for  one  year ;  and 
see  §§  uo,  147.  on  the  expiration  of  their  respective  terms  of  office,  and  regu- 
larly thereafter  at  the  annual  meetings,  their  several  successors 
shall  be  elected  in  like  manner  for  a  term  of  three  years  each. 
The  time  intervening  between  the  first  meeting  in  any  school 
district  and  the  first  annual  meeting  thereafter  shall  be  reckoned 
as  one  year. 

(§27,  paragraph  eight.)— All  sales  thus  made  shall  be  in  the  corporate  name  of  the 
school  district,  as  provided  in  section  7,  chapter  2,  of  said  act  164,  while  the  deed  or 
deeds  of  the  conveyance  of  lands  sold  as  above  provided ,  shall  be  executed  by  the 
district  board  in  their  official  capacity,  but  in  the  name  of  such  district.—  VanRiper, 
Atty.  Gen.,  July  24,  1882. 

(§28.)  School  district  officers  cannot  be  elected  by  a  bare  plurality  vote.  In  electing 
officers  the  school  district  acts  in  its  corporate  capacity,  and  no  corporate  action  can 
be  had  without  the  concurrence  of  the  majority.— Kirchner,  Atty.  Gen.,  July  18,  1817. 


X 

GENERAL  SCHOOL  LAWS.  17 

(§29.)  SEC.  2.  A  school  district  office  shall  become  vacant  upon  when  district 
the  occurrence  of  any  of  the  following  events : 

First,  The  death  of  the  incumbent; 

Second,  His  resignation ; 

Third,  His  removal  from  office; 

Fourth,  His  removal  from  the  district; 

Fifth,  His  conviction  of  any  infamous  crime  ; 

Sixth,  His  election  or  appointment  being  declared  void  by  a 
competent  tribunal ; 

Seventh,  His  neglect  to  file  his  acceptance  of  office,  or  to  give 
or  renew  any  official  bond,  according  to  law. 

(§30.)  SEC.  3.  In  case  any  one  of  the  district  offices  becomes 
vacant,  the  two  remaining  officers  shall  immediately  fill  such 
vacancy  ;  or  in  case  two  of  the  offices  become  vacant,  the 
remaining  officer  shall  immediately  call  a  special  meeting  of  the 
district  to  fill  such  vacancies ;  in  case  any  vacancy  is  not  filled  as 
herein  provided  within  twenty  days  after  it  shall  have  occurred, 
or  in  case  all  the  offices  in  a  district  shall  become  vacant,  the 
board  of  school  inspectors  of  the  township  to  which  the  annual 
reports  of  such  district  are  made  shall  fill  such  vacancies.  Any 
person  elected  or  appointed  to  fill  a  vacancy  in  a  district  office  officerr 
shall  hold  such  office  until  the  the  next  succeeding  annual  meet- 
ing, at  which  time*  the  voters  of  the  district  shall  fill  such  office 
for  the  unexpired  portion  of  the  term. 

(§31.)  SEC.  4.  Any  qualified  voter  in  a  school  district  who  has 
property  liable  to  assessment  for  school  taxes  shall  be  eligible  to 
election  or  appointment  to  office  in  such  school  district,  unless 
such  person  be  an  alien. 

(§32.)  SEC.  5.  Within  ten  days  after  their  election  or  appoint- 
ment, the  several  officers  of  each  school  district  shall  file  with  flled- 
the  director  written  acceptances  of  the  offices  to  which  they  have 
been  respectively  elected  or  appointed,   and  such   acceptances 
shall  be  entered  in  the  records  of  the  district  by  said  director. 

(§33.)  SEC.  6.  The  moderator,  director,  and  assessor  shall  con- 
stitute the  district  board.  Meetings  of  the  board  may  be  called 
by  any  member  thereof  by  serving  on  the  other  members  a  writ- 
ten notice  of  the  time  and  place  of  such  meeting  at  least  twenty- 
four  hours  before  such  meeting  is  to  take  place;  and  no  act 
authorized  to  be  done  by  the  district  board  shall  be  valid  unless  action  by  board. 
voted  at  a  meeting  of  the  board.  A  majority  of  the  members 
of  the  board  at  a  meeting  thereof  shall  be  necessary  for  the 
transaction  of  business. 

(§29.)  The  temporary  absence  of  the  assessor  does  not  create  a  vacancy  in  the  office. 
If  his  family  continues  to  reside  in  the  district,  and  he  has  not  actually  removed,  he 
retains  his  residence  and  with  it  his  office  A  removal  is  necessary,  and  a  temporary 
absence,  his  family  remaining,  is  not  a  removal,  and  there  is  no  vacancy.— Van  Riper, 
Atty.  Gen.,  Feb.  8,  1882. 

(g33.)  The  district  board  should  act  together.  It  is  not  necessary  for  valid  official 
action  that  all  the  members  should  be  consulted,  but  opportunity  must  be  given  to 
all  the  members  to  express  their  opinion  and  to  vote  upon  the  questions  submitted 
to  them.— Kirchner,  Atty.  Gen.,  Dec.  4,  1877. 

(§33.)  Whenever  a  power  is  vested  in  a  board  for  a  public  purpose,  it  requires  a 
quorum  to  act  and  a  majority  of  that  quorum  to  determine  a  matter  before  it.— 
Kirchner,  Atty.  Gen.,  Apr.  7,  1879. 


18 


GENEKAL  SCHOOL  LAWS. 


Board  to  pur- 
chase record 
books,  etc. 


See  App.  A., 
IT  103. 


Board  to  pur- 
chase, etc.,  site, 
and  build,  etc., 
school-house. 

See  App.  A., 
1T1T 114, 134. 

Necessity  of 
title  or  lease 
to  site  before 
building  school 
house. 


See  App.  B., 
forms  23,  24,  25. 


Board  to  esti- 
mate lax  for 
support  of 
schools. 


Limit  of  tax  in 
certain  cases. 


When  board 
may  borrow 
money. 


Board  to  report 
district  taxes 
to  township 
clerk. 

See  App.  B., 
form  12. 


Board  to  apply 
moneys  accord- 
Ing  to  law. 


(§34.)  SEC.  7.  The  said  district  board  shall  purchase  a  record 
book  and  such  other  books,  blanks,  and  stationery  as  may  be 
necessary  to  keep  a  record  of  the  proceedings  of  the  district 
meetings  and  of  meetings  of  the  board,  the  accounts  of  the 
assessor,  and  for  doing  the  business  of  the  district  in  an  orderly 
manner. 

(§35.)  SEC.  8.  The  district  board  shall  purchase  or  lease,  in  the 
corporate  name  of  the  district,  such  sites  for  school-houses  as  shall 
have  been  lawfully  designated,  and  shall  build,  hire,  or  purchase 
such  school-houses  as  may  be  necessary  out  of  the  fund  provided 
for  that  purpose,  and  make  sale  of  any  site  or  other  property  of 
the  district  when  lawfully  directed  by  the  qualified  voters ;  but 
no  district  in  any  case  shall  build  a  stone  or  brick  school-house 
upon  any  site  without  having  first  obtained  a  title  in  fee  to  the 
same,  or  a  lease  for  ninety-nine  years;  nor  shall  any  district  build 
a  frame  school-house  on  any  site  for  which  they  have  not  a  title 
in  fee  or  a  lease  for  fifty  years,  without  securing  the  privilege  of 
removing  the  said  school-house  when  lawfully  directed  so  to  do 
by  the  qualified  voters  of  the  district  at  any  annual  or  special 
meeting  when  lawfully  convened. 

(§36.)  SEC.  9.  It  shall  be  the  duty  of  the  district  board  to 
estimate  the  amount  necessary  to  be  raised,  in  addition  to  other 
school  funds,  for  the  entire  support  of  such  schools,  including 
teachers'  wages,  fuel,  and  other  incidental  expenses,  and  for 
deficiencies  of  the  previous  year  for  such  purposes.  But  in 
districts  having  less  than  thirty  scholars,  such  estimate,  includ- 
ing the  district's  share  of  the  primary  school  interest  fund  and 
one-mill  tax,  shall  not  exceed  the  sum  of  fifty  dollars  a  month 
for  the  period  during  which  school  is  held  in  such  district ;  and 
when  such  amount  has  been  estimated  and  voted  by  the  district 
board,  it  shall  be  reported  for  assessment  and  collection,  the  same 
as  other  district  taxes.  When  a  tax  has  been  estimated  and  voted 
by  the  district  board  under  the  provisions  of  this  section,  and  is 
needed  before  it  can  be  collected,  the  district  board  may  borrow 
to  an  amount  not  exceeding  the  amount  of  said  tax. 

(§37.)  SEC.  10.  The  district  board  shall,  between  the  first  and 
third  Mondays  in  September  in  each  year,  make  out  and  deliver 
to  the  township  clerk  of  each  township  in  which  any  part  of  the 
district  is  situated,  a  report  in  writing  under  their  hands  of  all 
taxes  voted  by  the  district  during  the  preceding  year,  and  of  all 
taxes  which  said  board  is  authorized  to  impose,  to  be  levied  on 
the  taxable  property  of  the  district. 

(§38.)  SEC.  11.  The  district  board  shall  apply  and  pay  over  all 
school  moneys  belonging  to  the  district,  in  accordance  with  the 
provisions  of  law  regulating  the  same,  and  no  money  raised  by 
district  tax  shall  be  used  for  any  other  purpose  than  that  for 
which  it  was  raised,  without  a  consenting  vote  of  two-thirds  of 

(§35)— The  record  of  a  lease  for  a  term  of  years  is  not  essential  to  its  validity,  though 
leases  for  a  longer  term  than  three  years  should  be  recorded  in  order  to  render  them 
effectual  against  subsequent  purchasers  in  good  faith  and  for  a  valuable  considera- 
tion. The  non  payment  of  rent  does  not  ipso  facto  terminate  the  lease.— Kirchner, 
Atty.  Gen.,  Sep.  26,  1877. 


GENERAL  SCHOOL  LAWS.  19 


the  tax-paying  voters  of  the  district ;  and  no  moneys  received 
from  the  primary  school  interest  fund,  nor  from  the  one-mill  tax 
except  as  provided  by  law  shall  be  appropriated  to  any  other  use 
than  the  payment  of  teachers'  wages,  and  no  part  thereof  shall 
be  paid  to  any  teacher  who  shall  not  have  received  a  certificate  of 
qualification  from  proper  legal  authority  before  the  commence- 
ment of  his  school.     No  school  district  shall  apply  any  of  the  gce^[slabnarred 
moneys  received  by  it  from  the  primary  school  interest  fund,  or  SomVubii? 
from  any  and  all  other  sources,  for  the  support  and  maintenance  moneys- 
of  any  school  of  a  sectarian  character,  whether  the  same  be  under 
the  control  of  any  religious  society,  or  made  sectarian  by  the 
school  district  board. 

(§39.)  SEC.  12.  Said  board  shall  present  to  the  district,  at  each  Board  to  make 
annual  meeting,   a   report  in  writing,  containing   an   accurate  aE 
statement  of  all  moneys  of  the  district  received  by  them,  or  any 
of  them,  during  the  preceding  year,  and  of  the  disbursements 
made  by  them,  with  the  items  of  such  receipts  and  disbursements. 
Such  report  shall  also  contain  a  statement  of  all  taxes  assessed  contents  of. 
upon  the  taxable  property  of  the  district  during  the  preceding 
year,  the  purposes  for  which  such  taxes  were  assessed,  and  the 
amount  assessed  for  each  particular  purpose,  and  said  report 
shall  be  entered  by  the  director  in  the  records  of  the  district. 

(§40.)  SEC.  13.  The  district  board  shall  hire  and  contract  with  Board  to  hire 
such  duly  qualified  teachers  as  may  be  required  ;  and  all  contracts  g^0^"'  B 
shall  be  in  writing  and  signed  by  a  majority  of  the  board  on  forms  se',  27.' 
behalf  of  the  district.     Said  contracts  shall  specify  the  wages  contracts. 
agreed  upon  and  shall  require  the  teacher  to  keep  a  correct  list  school  register 
of  the  pupils,  and  the  age  of  each,  attending  the  school,  and  the  to 
number  of  days  each  pupil  is  present,  and  to  furnish  the  director  see§u7. 
with  a  correct  copy  of  the  same  at  the  close  of  the  school.     Said  contracts  to  be 
contract  shall  be  filed  with  the  director,  and  a  duplicate  copy  of 
the  contract  shall  be  furnished  to  the  teacher.    No  contract  with 
any  person  not  holding  a  legal  certificate  of  qualification  then  certificate. 
authorizing  such  person  to  teach  shall  be  valid,  and  all  such  con- 
tracts shall  terminate,  if  the  certificate  shall  expire  by  limitation 
and  shall  not  immediately  be  renewed,  or  if  it  shall  be  suspended  92,93,94. 
or  revoked  by  proper  legal  authority.     A  school  month  within  school  month 
the  meaning  of  the  school  laws  shall  consist  of  four  weeks  of  five  dt 
days  in  each  week,  unless  otherwise  specified  in  the  teacher's 
contract. 

(§41.)  SEC.  14.  The  district  board  shall  have  the  care  and  cus-  ?cahr0e0^douu88ee. of 
tody  of  the  school-house  and  other  property  of  the  district,  except 
so  far  as  the  same  shall  by  vote  of  the  district  be  specially  con- 
fided to  the  custody  of  the  director,  including  all  books  pur- 
chased for  the  use  of  indigent  pupils,  and  shall  open  the  school- 
house  for  public  meetings  unless  by  a  vote  at  a  district  meeting 
it  shall  be  determined  otherwise :  Provided,  That  said  board  may  g°jjjd™ajbl 
exclude  such  public  meetings  during  the  five  school  davs  of  each  meeSngs'at 


certain  times. 


(§3S.)  I  am  inclined  to  think  that  no  money  raised  by  district  taxes  can  be  used  for 
any  other  purpose  than  that  for  which  it  was  raised  unless  by  vote  of  two-third  a  of  the 
tax  paying  voters  of  the  district.  I  think  this  section  must  be  strictly  and  literally 
observed.— Kirchner,  Atty.  Gen.,  Sept.  26,  1877. 


GENERAL  SCHOOL  LAWS. 


Instruction  in 
physiology  and 
hygiene,  etc., 
required. 


Text-books  In 
physiology,  etc 
to  be  approved 
by  State  board 
of  education. 


week  of  any  and  all  school  terms,  or  such  parts  thereof  as  in  their 
discretion  they  may  deem  for  the  best  interest  of  the  schools. 
Board  to  specify      (§42.)  SEC.  15.  The  district  board  shall  specify  the  studies  to 
prescribTtdext-    be  pursued  in  the  schools  of  the  district  [districts],  and  in  addi- 
books.  tion  to  the  branches  in  which  instruction  is  now  required  by  law 

to  be  given  in  the  public  schools  of  the  State,  instruction  shall 
be  given  in  physiology  and  hygiene  with  a  special  reference  to 
the  nature  of  alcohol  and  narcotics  and  their  effects  upon  the 
human  system.  Such  instruction  shall  be  given  by  the  aid  of 
text-books  in  the  case  of  pupils  who  are  able  to  read  and  as  thor- 
oughly as  in  other  studies  pursued  in  the  same  school.  The 
text-books  to  be  used  for  such  instruction  shall  give  at  least  one- 
fourth  of  their  space  to  the  consideration  of  the  nature  and 
effects  of  alcoholic  drinks  and  narcotics,  and  the  books  used  in 
the  highest  grade  of  graded  schools  shall  contain  at  least  twenty 
pages  of  matter  relating  to  this  subject.  Text-books  used  in  giv- 
ing the  foregoing  instruction  shall  first  be  approved  by  the  State 
Board  of  Education.  Each  school  board  making  a  selection  of 
text-books  under  the  provisions  of  this  act  shall  make  a  record 
thereof  in  their  proceedings  and  text-books  once  adopted  under 
the  provisions  of  this  act  shall  not  be  changed  within  five  years 
except  by  the  consent  of  a  majority  of  the  qualified  voters  of  tha 
district  present  at  an  annual  meeting  or  at  a  special  meeting 
called  for  that  purpose.  The  district  board  shall  require  each 
teacher  in  the  public  schools  of  such  district,  before  placing  the 
school  register  in  the  hands  of  the  directors  [director]  as  pro- 
vided in  section  thirteen  of  this  act,  to  certify  therein  whether 
or  not  instruction  has  been  given  in  the  school  or  grade  presided 
over  by  such  teacher,  as  required  by  this  act,  and  it  shall  be  the 
duty  of  the  director  of  the  district  to  file  with  the  township  clerk 
a  certified  copy  of  such  certificate.  Any  school  board  neglecting 
or  refusing  to  comply  with  any  of  the  provisions  of  this  act,, 
shall  be  subject  to  fine  or  forfeiture  the  same  as  for  neglect  of 
any  other  duty  pertaining  to  their  office.  This  act  shall  apply  to 
all  schools  in  the  State,  including  schools  in  cities  or  villages, 
whether  incorporated  under  special  charter  or  under  the  general 
laws.d 

(§  43.)  SEC.  16.  The  district  board  may  purchase  at  the  expense 
of  the  district,  such  text-books  as  may  be  necessary  for  the  use  of 
children  when  parents  are  not  able  to  furnish  the  same,  and  they 
shall  include  the  amount  of  such  purchase  in  the  report  to  the 
township  clerk  or  clerks,  to  be  levied  in  like  manner  as  other 
district  taxes. 

(§44.)  SEC.  17.  The  district  board  shall  have  the  general  care 
of  the  school,  and  shall  make  and  enforce  suitable  rules  and  regu- 
lations for  its  government  and  management,  and  for  the  preser- 
Mey  suspend  or  vation  of  tne  property  of  the  district.     Said  board  may  authorize 
expei  disorderly  or  order  the  suspension  or  expulsion  from  the  school,  whenever 

TMinila  •  •  J  •          T 

in  its  judgment  the  interests  of  the  school   demand  it,  of  any 


Purchase  of 
books  for  poor 
children. 


Board  to  estab 
llsh  rules  for 
school. 

See  App.  A., 


pupils. 


d  As  amended  by  act  No.  93,  public  acts  of  1883,  and  act  No.  165,  public  acts  of  1887. 


GENERAL  SCHOOL  LAWS.  -  21 


pupil  guilty  of  gross  misdemeanor  or  persistent  disobedience. 
Any  person  who  shall  disturb  any  school  by  rude  and  indecent  Penalty  for  dis- 
behavior,  or  by  profane  or  indecent  discourse,  or  in  any  other  tu 
way  make  such  disturbance,  shall,  on  conviction  thereof,  be  pun- 
ished by  a  fine  not  less  than  two  nor  more  than  fifty  dollars,  or 
by  imprisonment  in  the  county  jail  not  exceeding  thirty  days. 

(§45.)  SEC.  18.  All  persons  residents  of  any  school  district,  s^0jan  atten* 
and  five  years  of  age,  shall  have  an  equal  right  to  attend  any  No  8ep'arate 
school  therein ;  and  no  separate  school  or  department  shall  be  a^°ou>n^ 
kept  for  any  persons  on  account  of  race  or  color:  Provided,  That  ?ace?etc! 
this  shall  not  be  construed  to  prevent  the  grading  of  schools  ^ee  APP.  A., 
according  to  the  intellectual  progress  of  the  pupil,  to  be  taught  Griming  not 
in  separate  places  as  may  be  deemed  expedient.  prevented. 

(§46.)  SEC.  19.  The  district  board  may  admit  to  the  district  Non-resident 
school  non-resident  pupils,  and  may  determine  the  rates  of  tuition  se^App  A 
of  such  pupils,  and  collect  the  same.  t  112. 

MODERATOR. 

( §47.)  SEC.  20.  It  shall  be  the  duty  of  the  moderator  of  each  Moderator, 
school  district: 

First,  To  preside,  when  present,  at  all  meetings  of  the  district  TO  preside.' 
and  of  the  board  ; 

Second,  To  countersign  all  orders  legally  drawn  by  the  director  To  countersign 

,.?        J    ,   ,          i        -i  •    ,    •    i  -I   warrants  and 

upon  the  assessor  for  moneys  to  be  disbursed  by  the  district,  and  orders, 
all  warrants  of  the  director  upon  the  township  treasurer  for  see  APP.  A., 
moneys  raised  for  district  purposes,  or  apportioned  to  the  district  ™  °5'57' 
by  the  township  clerk; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of  the 
district  on  the  assessor's  bond,  in  case  of  any  breach  of  any  con- 
dition  thereof; 

Fourth,  To  perform  such  other  duties  as  are  or  shall  be  by  law  other  dutles- 
required  of  the  moderator. 

DIRECTOR. 

(§48.)    SEC.  21.    It  shall  be  the  duty  of  the  director  of  each  Director. 
school  district: 

First,  To  act  as  clerk,  when  present,  at  all  meetings  of  the  To  be  clerk- 
district  and  of  the  board  ; 

(§  44.)  It  is  not  competent  for  the  district  board  to  assume  the  expense  incurred  in 
the  legal  defense  of  a  teacher  prosecuted  for  an  assault  alleged  to  have  been  made  in 
the  punishment  of  a  pupil.— Kirchner,  Attorney  General,  Dec.  4, 1877. 

(§45.)  The  domicile  of  any  person  is  the  place  which  he  has  chosen  for  his  perma- 
nent residence.  Sometimes  the  law  makes  a  distinction  between  "residence"  and 
"domicile."  Residence,  contra  distinguished  from  domicile,  is  the  locality  in  which  a 
person  may  reside  for  the  time  being.  But  in  the  case  under  consideration  the  term 
residence  is  used  in  the  sense  of  domicile.  I  have  no  doubt  that  a  person  who  makes 
Flint  his  or  her  home  for  no  other  purpose  than  to  enjoy  school  privileges  and  with 
the  intention  of  removing  to  his  or  her  former  home  after  the  closing  of  the  school  is 
"not  actually  a  resident  of  said  district."  A  minor  having  parents  living  partakes  of 
the  domicile  of  his  or  her  parents.— Kircnner,  Attorney  General,  Jan.  23, 1879. 

(§47.)  The  moderator  should  examine  every  order  before  countersigning  it,  and  if  it 
is  drawn  for  an  improper  purpose,  and  with  intent  to  defraud  the  district  or  to  divert 
the  fund  from  its  proper  channel,  he  should  refuse  to  countersign  such  order,  and 
the  courts  will  sustain  him  in  such  action.  -Van  Riper,  Attorney  General,  Feb.  8,  1882. 


22 


GENERAL  SCHOOL  LAWS. 


To  keep  and 
record  minutes. 


To  give  notices 
of  meetings. 

See  App.  B., 
forms  7,  9. 

To  draw  and 
sign  warrants 
and  orders. 

See  App.  A., 
in  50,  66. 


See  App  B., 
forms  10,  11. 

To  draw  and 
sign  contracts. 

See  App.  B., 
form  26. 

To  provide 
appendages  and 
keep  school- 
house  In  repair. 

Proviso. 

See  App.  A., 
HIT  99,  101. 


To  keep 
account. 


To  present 
estimates  of 
expenses  to 
annual  meeting 


To  preserve 
records  and 
other  docu- 
ments. 


Other  duties. 


To  take  school 
census. 


List  to  be 
sworn  to. 


.Second,  To  record  the  proceedings  of  all  district  meetings,  and 
the  minutes  of  all  meetings,  orders,  resolutions,  and  other  pro- 
ceedings of  the  board,  in  proper  record  books ; 

Third,  To  give  the  prescribed  notice  of  the  annual  district 
meeting,  and  of  all  such  special  meetings  as  he  shall  be  required 
to  give  notice  of  in  accordance  with  the  provisions  of  law; 

Fourth,  To  draw  and  sign  warrants  upon  the  township  treas- 
urer for  all  moneys  raised  for  district  purposes,  or  apportioned 
to  the  district  by  the  township  clerk,  payable  to  the  assessor  of 
the  district,  and  orders  upon  the  assessor  for  all  moneys  to  be 
disbursed  by  the  district,  and  present  them  to  the  moderator,  to 
be  countersigned  by  that  officer.  Each  order  shall  specify  the 
object  for  which,  and  the  fund  upon  which,  it  is  drawn ; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers,  when 
directed  by  the  district  board,  and  present  them  to  the  other 
members  of  the  board  for  further  signature ; 

Sixth,  To  provide  the  necessary  appendages  for  the  school- 
house,  and  keep  the  same  in  good  condition  and  repair  during 
the  time  school  shall  be  taught  therein:  Provided,  That  nothing 
herein  contained  shall  be  construed  to  authorize  the  director  to 
purchase  charts  or  any  apparatus  to  be  used  in  the  school-room 
without  a  vote  of  the  district  authorizing  the  same; 

Seventh,  To  keep  an  accurate  account  of  all  expenses  incurred 
by  him  as  director,  and  such  account  shall  be  audited  by  the 
moderator  and  assessor,  and  on  their  written  order  shall  be  paid 
out  of  any  money  provided  for  the  purpose; 

Eighth,  To  present  at  each  annual  meeting  an  estimate  of  the 
expenses  necessary  to  be  incurred  during  the  ensuing  year  by  the 
director  as  provided  by  law,  and  for  payment  of  the  services  of 
any  district  officer; 

Ninth,  To  preserve  and  file  copies  of  all  reports  made  to  the 
school  inspectors,  and  safely  preserve  and  keep  all  books,  papers, 
and  other  documents  belonging  to  the  office  of  director,  or  to  the 
district  when  not  otherwise  provided  for,  and  to  deliver  the  same 
to  his  successor  in  office ; 

Tenth,  To  perform  such  other  duties  as  are  or  shall  be  required 
of  the  director  by  law1  or  the  district  board. 

(§49.)  SEC.  22.  It  shall  be  the  duty  of  the  director,  or  such 
other  person  as  the  district  board  may  appoint,  within  ten  days 
next  previous  to  the  first  Monday  in  September  in  each  year,  to 
take  the  census  of  the  district,  and  make  a  list  in  writing  of  the 
names  and  ages  of  all  the  children  betwen  the  ages  of  five  and 
twenty  years  residing  therein,  and  a  copy  of  said  list  shall  be 

(§48,  paragraph  six.)  I  think  the  director  has  power  to  provide  new  patent  seats,  if 
in  his  judgment  such  acquisition  is  '"necessary."  It  is  a  general  principle  of  law 
that  whenever  a  power  may  be  exercised  by  any  person  in  certain  emergencies,  in 
the  absence  of  any  provision  to  the  contrary,  the  person  who  is  to  execute  the  power 
must  decide  whether  the  emergency  is  sufficient  for  him  to  act.  The  director  must 
decide  what  is  necessary  and  he  is  responsible  tor  any  abuse  of  power.  The  word 
"necessary"  as  used  in  Sec.  48,  must  not  be  understood  in  its  literal  sense,  i.  e. 
things  that  cannot  be  done  without.  In  such  a  sense  none  of  the  conveniences  and 
apparatus  found  in  schools  would  be  necessary.  I  take  it  that  all  such  things  are 
necessary  which  in  the  judgment  of  the  director  would  promote  the  efficiency  and 
welfare  of  the  school,  having  due  regard  to  all  the  circumstances  of  the  case.— 
Kirchner,  Atty.  Gen.,  July  31,  1877.', 


GENERAL  SCHOOL  LAWS.  23 

verified  by  the  oath  or  affirmation  of  the  person  taking  such 

census,  by  affidavit  appended  thereto  or  indorsed  thereon,  setting 

forth  that  it  is  a  correct  list  of  the  names  of  all  the  children 

between  the  ages  aforesaid  residing  in  the  district,  which  affidavit 

may  be  made  before  the  clerk  of  the  township;  and  said  list  shall  ^^  J,®  fl,|fd 

be  returned  with  the  annual  report  of  the  director  to  the  town-  ei«*. 

ship  clerk.      Children  in  almshouses,  prisons,  or  asylums,  not  what  chiidreu 

otherwise  residents  of  the  district,  and  not  attending  the  school,  n( 

shall  not  be  included  in  the  said  census  ;  nor  shall  Indian  children 

be  so  included  unless  they  attend  the  school,  or  their  parents  are 

liable  to  pay  taxes  therein. 

(§50.)    SEC.  23.    The  directors  shall  also,  at  the  end  of  the  TO  make  annual 
school  year,  and  previous  to  the  second  Monday  in  September  in  Specters. 
each  year,  deliver  to  the  township  clerk,  to  be  filed  in  his  office,  a 
report  to  the  board  of  school  inspectors  of  the  township,  showing: 

First,  The  whole  number  of  children  belonging  to  the  district  contents  of. 
between  the  ages  of   five   and  twenty  years,  according  to  the 
•census  taken  as  aforesaid  ; 

Second,  The  number  attending  school  during  the  year  under 
five,  and  also  the  number  over  twenty  years  of  age  ; 

Third,  The  number  of  non-resident  pupils  of  the  district  that 
have  attended  school  during  the  year; 

Fourth,  The  whole  number  that  have  attended  school  during 
the  year; 

Fifth,  The  length  of  time  the  school  has  been  taught  during 
the  year  by  a  qualified  teacher,  the  name  of  each  teacher,  the 
length  of  time  taught  by  each,  and  the  wages  paid  to  each. 

Sixth,  The  average  length  of  time  scholars,  between  five  and 
twenty  years  of  age,  have  attended  school  during  the  year  ; 

Seventh,  The  amount  of  money  received  from  the  township 
treasurer  apportioned  to  the  district  by  the  township  clerk  ; 

Eighth,  The  amount  of  money  raised  by  the  district,  and  the 
purposes  for  which  it  was  raised; 

Ninth,  The  kind  of  books  used  in  the  school  ; 

Tenth,  Such  other  facts  and  statistics  in  regard  to  the  schools 
and  the  subject  of  education  as  the  superintendent  of  public 
instruction  shall  direct. 

(§51.)  SEC.  24.    The  director  of  each  fractional  district  shall  where  director 
make  his  annual  report  to  the  clerk  of  the  township  in  which 
the  school-house  is  situated,  and  shall  also  report  to  the  clerk  of  reP°rt- 
each   township  in  which  the   district  is   in   part  situated,  the 
number  of  children  between  the  ages  of  five  and  twenty  years  in 
that  part  of  the  district  lying  in  such  township. 

ASSESSOK. 
(§52.)  SEC.   25.    It  shall  be  the  duty  of  the  assessor  of  each  A8 

1          -i     -i  •     ,     •     ,  J  Se 

school  district  ? 


(§52).—  Is  a  district  assessor  justifiable  under  the  law  in  refusing  to  pay  an  order 
drawn  for  any  purpose  not  authorized  by  law  although  such  order  is  duly  signed  by 
the  director  and  countersigned  by  the  moderator?  Cases  may  arise  in  which  the 
assessor  is  in  duty  bound  not  to  pay  such  orders.—  KircTiner.  Atty.  Gen.,  May  22,  1860, 


GENERAL  SCHOOL  LAWS. 


To  give  bond. 

See  App.  B., 
form  6. 


Bond  to  be 
approved. 


Bond  filed  with 
director. 
When  suit  to 
be  brought 
thereon. 


To  pay  proper 
orders. 


To  keep  record 
of  receipts  and 
disbursements. 


To  make  annua 
report  to  dls- 
trlet  board. 


To  appear  for 
district  In  suits, 


See  App.  A., 
M  106,  109. 


To  deliver  to 
bis  successor 
books,  papers, 
etc. 


Other  duties. 


First,  To  execute  to  the  district  and  file  with  the  director 
within  ten  days  after  his  election  or  appointment  a  bond  in  double 
the  amount  of  money  to  come  into  his  hands  as  such  assessor 
during  his  term  of  office,  as  near  as  the  same  can  be  ascertained , 
with  two  sufficient  sureties,  to  be  approved  by  the  moderator  and 
director,  conditioned  for  the  faithful  application  of  all  moneys 
that  shall  come  into  his  hands  by  virtue  of  his  office,  and  to  per- 
form all  the  duties  of  his  said  office  as  required  by  the  provisions 
of  this  act.  Said  bond  shall  be  filed  with  the  director,  and  in 
case  of  any  breach  of  the  condition  thereof,  the  moderator  shall 
cause  a  suit  to  be  commenced  thereon  in  the  name  of  the  district, 
and  any  moneys  collected  thereon  shall  be  paid  into  the  township 
treasury,  subject  to  the  order  of  the  district  officers,  and  shall  be 
applied  to  the  same  purposes  as  the  moneys  lost  should  have  been 
applied  by  the  assessor ; 

Second,  To  pay  all  orders  of  the  director,  when  lawfully  drawn 
and  countersigned  by  the  moderator,  out  of  any  moneys  in  his 
hands  belonging  to  the  fund  upon  which  such  orders  may  be 
drawn ; 

Third,  To  keep  a  book  in  which  all  the  moneys  received  and 
disbursed  shall  be  entered,  the  sources  from  which  the  same  have 
been  received,  and  the  persons  to  whom  and  the  objects  for  which 
the  same  have  been  paid; 

Fourth,  To  present  to  the  district  board  at  the  close  of  the 
school  year  a  report  in  writing,  containing  a  statement  of  all 
moneys  received  during  the  preceding  year  and  of  each  item  of 
disbursements  made,  and  exhibit  the  voucher  therefor ; 

Fifth,  To  appear  for  and  on  behalf  of  the  district  in  all  suits 
brought  by  or  against  the  same,  when  no  other  directions  shall  be 
given  by  the  qualified  voters  in  district  meeting,  except  in  suits  in 
which  he  is  interested  adversely  to  the  district,  and  in  all  such 
cases  the  moderator  shall  appear  for  such  district,  if  no  other 
direction  be  given  as  aforesaid ; 

Sixth,  At  the  close  of  his  term  of  office  to  settle  with  the  distrct 
board,  and  deliver  to  his  successor  in  office  all  books,  vouchers, 
orders,  documents,  and  papers  belonging  to  the  office  of  assessor, 
together  with  all  district  moneys  remaining  on  hand  ; 

Seventh,  To  perform  such  other  duties  as  are  or  shall  be  by  law 
required  of  the  assessor. 


(§52.)  The  sureties  on  a  bond  executed  by  the  assessor  of  the  school  district  are  not 
responsible  for  acts  or  omissions  occurring  beyond  the  period  for  which  the  assessor 
was  elected.  In  case  of  his  re-election  a  new  bond  should  be  given.— Kirchntr  A.tty. 
Gen.,  Dec.  4, 1877. 

(§52.)  Mr.  8.  was  elected  to  the  office  of  assessor  of  a  school  district  and  gave  the 
requisite  bonds.  Since  his  first  election  he  has  been  re-elected  but  lias  never  exe- 
cuted any  additional  bonds.  He  has  never  been  requested  so  to  do  by  the  moderator 
and  director.  Latterly  the  director  requested  him  to  execute  an  official  bond  and  8. 
replied  that  he  could  not  do  so  just  then,  and  thereupon  and  without  any  further 
proceedings  the  district  treated  the  office  of  assessor  as  vacant  and  pioceeded  at  once 
to  an  election  to  fill  said  supposed  vacancy.  I  am  entirely  clear  that  Mr.  S.  has  not 
forfeited  his  office  and  that  he  is  not  only  justified,  but  it  is  his  duty  not  to  pass 
over  any  of  the  papers  pertaining  to  the  office  or  any  of  the  school  district  moneys. 
But  Mr.  S.  should  give  bonds  at  once.  Both  the  director  and  moderator  were  derelict 
in  their  duty  in  failing  to  require  the  bond  of  the  assessor  at  the  outset.  After  filing 
the  bond  Mr.  8.  should  continue  to  administer  the  office  of  assessor.— KircJmer,  Atty~ 
Gen.,  Sept.  18,  1879. 


GENERAL  SCHOOL  LAWS.  25 


CHAPTER  IV. 

TOWNSHIP   OFFICERS. 
TOWNSHIP   BOARD   OF   SCHOOL   INSPECTORS. 

(§53.)   SECTION  1.  The  school  inspectors  of  each  township,  .B<>ard  of  school 
together  with  the  township  clerk,  shall  constitute  the  township  mspec 
board  of  school  inspectors.     Said  board  shall  meet  within  twenty  see  §§  HI,  UT. 
days  after  the  first  Monday  in  April  in  each  year,  and  elect  one 
of  their  number,  other  than  the  township  clerk,  chairman  of  said 
board,  and  the  township  clerk  shall  be  the  clerk  thereof.6 

(§54.)  SEC.  2.  The  chairman  of  said  board  shall  be  the  treasurer  chairman  of 
thereof,  and  shall  give  bond  to  the  township  in  double  the  amount  tr^urer1"5 
of  moneys  to  come  into  his  hands  during  his  term  of  office,  as  TO  give  bond, 
near  as  the  same  can  be  ascertained,  wfth  two  sufficient  sureties, 
to  be  approved  by  the  township  clerk,  conditioned  for  the  faithful 
appropriation  of  all  moneys  that  may  come  into  his  hands  by  virtue 
of  his  office.    Said  bond  shall  be  filed  with  the  township  clerk,  and  Bond  to  be  niea. 
in  case  of  the  non-fulfillment  thereof,  said  clerk  shall  cause  a  suit  When  suit  to 
to  be  commenced  thereon,  and  the  moneys  collected  in  such  suit  thereonfht 
shall  be  paid  into  the  township  treasury,  and  shall  be  applied  to 
the  same  purposes  as  the  moneys  lost  should  have  been  applied 
by  said  treasurer  of  the  board  of  school  inspectors. 

(§55.)  SEC.  3.  On  the  third  Monday  in   September  in  each  inspectors  to 

.1        •  in  j.    •    T       i.  J.J.-  f      ii     make  triplicate 

year,  the  inspectors  shall  make  triplicate  reports,  setting  forth  report, 
the  whole  number  of  districts  in  their  townships,  the  amount  of 
money  raised  and  received  for  township  and  district  libraries, 
and  such  other  items  as  shall  from  year  to  year  be  required  by  contents  of. 
the  Superintendent  of  Public  Instruction,  together  with  the  sev- 
eral particulars  set  forth  in  the  reports  of  the  school  directors 
for  the  preceding  year;  and  the  township  clerk  shall,  within  ten  Disposition  of 
dajs  thereafter,  forward  two  copies  of  the  same  to  the  secretary  re 
of  the  county  board  of  school  examiners,  and  file  the  other  copy 
in  his  office.* 

(§56.)  SEC.  4.  It  shall  be  the  duty  of  the  school  inspectors,  inspectors  to 
before  making  their  annual  report,  as  required  by  the  preceding  Jf qoaSfled1 
section,  to  examine  the  list  of  legally  qualified  teachers  on  file  in  teachers, 
the  office  of  the  township  clerk,  and  if  in  any  school  district  a  see  §134, 
school  shall  not  have  been  taught  for  the  time  required  by  law  Subd'  6" 
during  the  preceding  school  year  by  a  legally  qualified  teacher, 
no  part  of  the  public  money  shall  be  distributed  to  such  district,  TO  report 
although  the  report  from  such  district  shall   set  forth  that  a 
school  has  been  so  taught ;  and  it  shall  be  the  duty  of  the  board 
to  certify  to  the  facts  in  relation  to  any  such  district  in  their 
annual  report. 

•  As  amended  by  Act  No.  9,  session  laws  of  1883,  and  Act  No.  96,  session  laws  of  1885. 
(853  )— When  the  inspectors  fail  to  elect  a  chairman  within  twenty  days  after  the 

first  Monday  of  April,  [  am  of  the  opinion  that  the  organization  can  be  perfected 
after  such  date  by  the  election  of  a  chairman,  and  that  failure  to  comply  with  the 
law  referred  to,  does  not  preclude  a  legal  organization  thereafter.— Taggart,  Atty. 
(Jen.,  May  20,  lt>86. 

*  Amended  by  Act  No.  266,  Public  Acts  of  1887. 


26 


GENERAL  SCHOOL  LAWS. 


Inspectors  to 
render  account 
to  township 
board. 


(§57.)  SEC.  5.  It  shall  be  the  duty  of  the  board  of  inspectors 
to  render  to  the  township  board,  on  the  Tuesday  next  preceding 
the  annual  township  meeting,  a  full  and  true  account  of  all  mon- 
eys received  and  disbursed  by  them  as  such  inspectors  during  the 
year,  which  account  shall  be  settled  by  said  said  township  board, 
and  such  disbursements  allowed,  if  the  proper  vouchers  are  pre- 
sented. 

(§58.)  SEC  6.  The  whole  number  of  meetings  of  the  township 
inspectors.        board  of  school  inspectors  at  the  expense  of  the  township,  during 
gee  APP.  A.,t  i.  any  one  school  year,  shall  not  exceed  eight ;  but  this  shall  not  be 
construed  to  prevent  said  board  holding  further  meetings  in  case 
of  necessity,  provided  no  expense  to  the  township  be  incurred. 


Number  of 
meetings  of 


TOWNSHIP    CLERK. 


Township  clerk 
to  be  clerk 
of  board  of 
Inspectors. 


Duties  as  such. 


See  §§  141, 142. 


To  notify  county 
clerk  of  chair- 
man of  board 
of  Inspectors. 


To  make  map 
of  districts. 


Where  map  to 
be  filed. 


When  new  map 
to  be  made. 


To  report  to 
supervisor  all 
tchool  taxes. 


See§  145. 


See  App.  B., 
form  2'2. 


(§59.)  SEC.  7.  The  township  clerk  shall  be  the  clerk  of  the 
board  of  school  inspectors  by  virtue  of  his  office,  and  shall  attend 
all  meetings  of  said  board,  and,  under  their  direction,  prepare  all 
their  reports  and  record  the  same,  and  shall  record  all  their  pro- 
ceedings. He  shall  also  receive  and  keep  all  reports  to  inspect- 
ors from  the  directors  of  the  several  school  districts  in  his  town- 
ship, and  all  the  books  and  papers  belonging  to  the  inspectors, 
and  file  such  papers  in  his  office ;  and  he  shall  receive  all  such 
communications,  blanks  and  documents  as  may  be  transmitted  ta 
him  by  the  superintendent  of  public  instruction,  and  dispose  of 
the  same  in  the  manner  directed  by  said  superintendent. 

(§60.)  SEC.  8.  It  shall  be  the  duty  of  the  township  clerk  annuallyr 
immediately  after  the  organization  of  the  board  of  school  inspect- 
ors of  his  township,  to  transmit  to  the  county  clerk  a  certified 
statement  of  the  name  and  postofice  address  of  the  chairman  of 
said  board,  and  in  case  there  shall  be  a  change  in  such  chairman  r 
during  the  year,  he  shall  immediately  notify  the  county  clerk  of 
such  change. 

(§61.)  SEC.  9.  Each  township  clerk  shall  cause  a  map  to  be 
made  of  his  township,  showing  by  distinct  lines  thereon  the 
boundaries  of  each  school  district,  and  parts  of  school  districts 
therein,  and  shall  regularly  number  the  same  thereon  as  estab- 
lished by  the  inspectors.  One  copy  of  such  map  shall  be  filed  by 
the  said  clerk  in  his  office,  and  the  other  copy  he  shall  file  with  the 
supervisor  of  the  township;  and  within  one  month  after  any 
division  or  alteration  of  a  district,  or  the  organization  of  a  new 
one  in  his  township,  the  said  clerk  shall  file  a  new  map  and  copy 
thereof  as  aforesaid,  showing  the  same. 

(§62.)  SEC.  10.  It  shall  be  the  duty  of  the  township  clerk  of 
each  township,  on  or  before  the  first  day  of  October  of  each  year, 
to  make  and  deliver  to  the  supervisor  of  his  township  a  certified 
copy  of  all  statements  on  file  in  his  office  of  moneys  proposed  to 
be  raised  by  taxation  in  each  of  the  several  school  districts  of  the 
township  for  school  purposes.  He  shall  also  certify  to  the  super- 
visor the  amount  to  be  assessed  upon  the  taxable  property  of  any 
school  district  retaining  the  district  school-house  or  other  prop- 


GENERAL  SCHOOL  LAWS.  27 

erty,  on  the  division  of  the  district,  as  the  same  shall  have  been 
determined  by  the  inspectors,  and  he  shall  also  certify  the  same 
to  the  director  of  such  district,  and  to  the  director  of  the  district 
entitled  thereto. 

(§63.)  SEC.  11.  On  receiving  notice  from  the  county  treasurer  TO  apportion 
of  the  amount  of  school  moneys  apportioned  to  his  township, 
the  township  clerk  shall  apportion  the  same  amount  to  the 
several  districts  therein  entitled  to  the  same,  in  proportion  to 
the  number  of  children  in  each,  between  the  ages  of  five  and 
twenty  years,  as  the  same  shall  be  shown  by  the  annual  report  of 
the  director  of  each  district  for  the  school  year  closing  prior  to 
the  May  apportionment.* 

(§64.)  SEC.  12.  Said  clerk  shall  also  apportion  to  the  school 
districts  in  his  township,  as  required  by  law,  on  receiving  notice 
of  the  amount  from  the  township  treasurer,  all  moneys  raised  by 
township  tax,  or  received  from  other  sources,  for  the  support  of 
schools;  and  in  all  cases  make  out  and  deliver  to  the  township 
treasurer  a  written  statement  of  the  number  of  children  in  each  treasurer, 
district  drawing  money,  and  the  amount  apportioned  to  each  see  APP  B 

-,.  -I  -i    ,1  ,    •       i  •         rr>  i       i  forms  20,  21. 

district,  and  record  the  apportionment  in  his  office;  and  when- 
ever an  apportionment  of  the  primary  school  interest  fund,  or  J^^wm 
moneys  raised  by  tax,  or  received  from  other  sources,  is  made,  he  apportioned 
shall  give  notice  of  the  amount  to  be  received  by  each  district  to  dl 
the  director  thereof. 

TOWNSHIP   SUPEKVISOR   AND   TREASURER, 

(§65.)  SEC.  13.  It  shall  be  the  duty  of  the  supervisor  of  the  town- 
ship  to  assess  the  taxes  voted  by  every  school  district  in  his  town- 
ship,  and  also  all  other  taxes  provided  for  in  this  act,  chargeable 
against  such  district  or  township,  upon  the  taxable  property  of  see  §145 
the  district  or  township  respectively,  and  to  place  the  same  on 

*As  amended  by  Act  No.  92,  Public  Acts  of  1837. 

(§65.)  A  supervis9r  in  levying  school  taxes  erroneously  included  a  part  of  the 
territory  of  one  district  in  an  adjoining  district  and  when  the  tax  was  collected 
it  was  paid  to  the  district  in  which  the  supervisor  had  included  the  territory  in 
question,  and  not  to  the  district  in  which  the  territory  belonged.  These  proceedings 
on  the  part  of  the  supervisor  were  clearly  illegal,  and  the  collection  thereof  could 
have  been  successfully  resisted,  or  if  the  taxes  had  been  paid  under  protest,  the  parties 

Eaying  could  have  recovered  the  amount  thus  unlawfully  collected.  It  has  been 
eld  by  the  Supreme  Court  that  acquiescence  in  and  payment  of  an  illegal  tax 
eptops  the  taxpayer  from  afterwards  complaining  of  it,  but  the  payment  of  an  illegal 
tax,  if  refused,  cannot  be  enforced— (Wattles  vs.  City  of  Lapeer,  40  Mich.,  625.  The 
People  ex.  rel.  orebhart  vs.  East  Saginaw,  30  Mich.,  336).  The  taxes  thus  illegally 
assessed  do  not  belong  to  either  school  district,  therefore  the  one  cannot  sue  the 
other  for  the  recovery  of  such  taxes  improperly  paid.  It  is  not  the  money  of  the 
district  in  whose  hands  it  now  is,  but  it  is  an  illegal  tax  collected  from  individuals 
P^a  voluntarily  and  without  protest  and  therefore  cannot  be  collected  back,  for 
the  Supreme  Court  in  the  case  cited  (40  Mich.,  625),  say:  "If  the  people  taxed 
acquiesce  and  pay  these  taxes  they  may  not  afterwards  be  heard  to  complain,  but 
r  idb  refuse,  the  courts  have  no  power  to  compel  them."—  Van  Riper,  AUy.  Gen., 
July  ^*,  1882. 

(§65.)  The  only  statute  I  notice  relative  to  the  assessment  of  school  taxes  is  sec- 
tion 5090  Howelrs  Statutes,  and  subsequent  sections.  They  are  to  be  assessed  upon 
the  taxable  property  of  the  districts  or  township.  I  suppose  the  personal  property 
of  residents  of  the  district,  together  with  the  real  estate  of  each  resident  within 
the  district,  would  properly  be  taxed  to  each  individual,  notwithstanding  the  fact 
that  some  of  his  personal  property  was  without  the  district  and  within  the  town- 


the  property  is  in  another  township   from  where  the  party  to  be  assessed  reside?. 
—Taggart,  AUy.  Gen. 


GENERAL  SCHOOL  LAWS. 


Taxes  not 

assessed  at 
pr«per  time. 


Assessment  of 
•ne-mlll  tax. 

How  applied. 


Tf ken  forfeited 
bj  districts. 


How  appor- 
tioned. 


Where  accrued 
moneys  shall 
belong. 


When  district  is 
divided  certain 
taxes  to  be 
assessed. 


Proviso. 


How  such  taxes 
to  be  applied. 


Taxes  in  frac- 
tional districts. 


the  township  assessment  roll  in  the  column  for  school  taxes,  and 
the  same  shall  be  collected  and  returned  by  the  township  treas- 
urer in  the  same  manner  and  for  the  same  compensation  as  town- 
ship taxes.  If  any  taxes  provided  for  by  law  for  school  purposes 
shall  fail  to  be  assessed  at  the  proper  time,  the  same  shall  be 
assessed  in  the  succeeding  year. 

(§66.)  SEC.  14.  The  supervisor  shall  also  assess  upon  the  tax- 
able property  of  his  township  one  mill  upon  each  dollar  of  the 
valuation  thereof  in  each  year,  and  report  the  aggregate  valuation 
of  each  district  to  the  township  clerk,  who  shall  report  said 
amount  to  the  director  of  each  school  district,  in  his  township, 
or  to  the  director  of  any  fractional  school  district,  a  portion  of 
which  may  be  located  in  said  township,  before  the  first  day  of 
September  of  each  year,  and  all  moneys  so  raised  shall  be  appor- 
tioned by  the  township  clerk  to  the  district  in  which  it  was  raised  ; 
and  all  money  collected  by  virtue  of  this  act  during  the  year  on 
any  property  not  included  in  any  organized  district,  or  in  dis- 
tricts not  having,  during  the  previous  school  year,  three  months' 
school  in  districts  having  less  than  thirty  children,  or  five  months' 
school  in  districts  having  thirty  and  less  than  eight  hundred 
children,  or  nine  months'  school  in  districts  having  eight  hun- 
dred, or  more  children,  as  shown  by  the  last  school  census,  shall 
be  apportioned  to  the  several  other  school  districts  of  said  town- 
ship, in  the  same  manner  as  the  primary  school  interest  fund  is 
now  apportioned.  All  moneys  accruing  from  the  one  mill  tax  in 
any  township,  before  any  district  shall  have  a  legal  school  there- 
in, shall  belong  to  the  district  in  which  it  was  raised,  when  they 
shall  severally  have  had  a  three  months'  school  by  a  qualified 
teacher.* 

(§67.)  SEC.  15.  The  amount  to  be  assessed  upon  the  taxable 
property  of  any  school  district  retaining  the  school-house  or  other 
property,  on  the  division  of  a  district,  as  the  same  shall  have 
been  determined  by  the  inspectors,  shall  be  assessed  by  the  super- 
visor in  the  same  manner  as  if  the  same  had  been  authorized  by 
a  vote  of  such  district;  and  the  money  so  assessed  shall  be  placed 
to  the  credit  of  the  taxable  property  taken  from  the  former  dis- 
trict, and  shall  be  in  reduction  of  any  tax  imposed  in  the  new 
district  on  said  taxable  property  for  school  district  purposes: 
Provided,  That  if  the  district  retaining  the  school-house  shall 
vote  to  pay,  and  shall  pay,  before  said  taxes  are  assessed,  any 
portion  of  said  amount  to  the  new  district,  said  amount,  as  shall 
be  certified  by  the  moderator  and  director  of  the  new  district  to 
the  supervisor,  shall  be  deducted  from  the  amount  to  be  assessed 
as  provided  in  this  section.  When  collected,  such  amount  shall 
be  paid  over  to  the  assessor  of  the  new  district,  to  be  applied  to 
the  use  thereof  in  the  same  manner,  under  the  direction  of  its 
proper  officers,  as  if  such  sum  had  been  voted  and  raised  by  said 
district  for  building  a  school-house  or  other  district  purposes. 

(§68.)  SEC.  16.  The  full  amount  of  all  taxes  to  be  levied  upon  the 
taxable  property  in  a  fractional  school  district  shall  be  certified 

'*  As  amended  by  Act  No.  84,  Public  Acts  of  1887. 


GENERAL  SCHOOL  LAWS.  29 

by  the  district  board  to  the  township  clerk  of  each  township  in 
which  such  district  is  in  part  situated,  and  by  such  township 
clerks  to  the  supervisors  of  their  respective  townships,  and  it 
shall  be  the  duty  of  each  of  said  supervisors  to  certify  to  each 
other  supervisor  interested  the  amount  of  taxable  property  in 
that  part  of  the  district  lying  in  his  township:  Provided,  That  Proviso— how 
when  there  exists  a  manifest  difference  in  the  valuation  of  prop- equal 
erty  assessed  in  fractional  districts,  composed  of  territory  in 
adjoining  townships  or  counties,  such  valuation  shall  be  equal- 
ized for  this  specific  purpose  by  the  supervisors  of  the  townships 
interested,  at  a  joint  meeting  held  for  that  purpose,  on  applica- 
tion of  either  of  the  supervisors  of  said  townships.  And  such 
supervisors  shall  respectively  ascertain  the  proportion  of  such 
taxes,  including  mill  tax,  to  be  placed  on  their  respective  assess- 
ment rolls,  according  to  the  amount  of  taxable  poperty  in  each 
part  of  such  district.  And  if  said  supervisors  cannot  agree  as  to 
the  proportion  of  such  taxes  to  be  placed  on  their  respective 
assessment  rolls,  a  supervisor  from  an  adjoining  township  shall 
be  called  to  meet  with  said  supervisors  in  said  fractional  district 
and  assist  in  equalizing  said  valuation.  Said  supervisor  to  be 
paid  at  the  rate  of  three  dollars  per  diem  for  the  time  necessarily 
employed  in  attendance  at  such  meeting  of  the  supervisors,  and 
all  necessary  traveling  expenses,  by  the  townships  in  interest.* 

(§69.)  SEC.  17.    The  supervisor,  on  deliverv  of  the  warrant  for  statement 

,  .  . ,  .to  township 

the  collection  of  taxes  to  the  township  treasurer,  shall  also  treasurer, 
deliver  to  said  treasurer,  a  written  statement  of  the  amount  of 
school  and  library  taxes,  the  amount  raised  for  district  purposes 
on  the  taxable  property  of  each  district  in  the  township,  the 
amount  belonging  to  any  new  district  on  the  division  of  the 
former  district,  and  the  names  of  all  persons  having  judgments 
assessed  under  the  provisions  of  this  act  upon  the  taxable  property 
of  any  district,  with  the  amount  payable  to  such  person  on 
account  thereof. 

(§70.)    SEC.    18.    The  supervisor  of  each  township,  on   the  f|{J5JSf  {£», 
delivery  of  the  warrant  for  the  collection  of  taxes  to  the  town-  urerof  one-mtn 
ship  treasurer,  shall  also  deliver  to  said  treasurer  a  written  state-  fractional In 
ment,  certified  by  him,  of  the  amount  of  the  one-mill  tax  levied  dlstrlct- 
upon  any  property  lying  within  the  bounds  of  a  fractional  school 
district,  a  parr,  of  which  is  situate  within  his  township,  and  the 
returns  of  which  are  made  to  the  clerk  of  some  other  township; 
and  the  said  township  treasurer  shall  pay  to  the  township  treas- 
urer of  such  other  township  the  amount  of  the  taxes  so  levied 
and  certified  to  him  for  the  use  of  such  fractional  school  district. 

(§71.)  SEC.    19.    Whenever   any  portion  of  a  school   district  J011^0^"^. 
shall  be  set  off  and  annexed  to  any  other  district,  or  organized  of  taxes  o™611 
into  a  new  one,  after  a  tax  for  district  purposes  other  than  the 
payment  of  any  debts  of  the  district  shall  have  been  levied  upon 
the  taxable  property  thereof,  but  not  collected,  such  tax  shall  be 
collected  in  the  same  manner  as  if  no  part  of  such  district  had 

*  As  amended  by  Act  No.  38,  Public  Acts  of  1887,  and  Act  No.  162,  Public  Acts  of 


30 


GENEEAL  SCHOOL  LAWS. 


All  school  taxes 
assessed  to  be 
paid  next  to 
township 
expenses. 

See  A  pp.  A  , 

T!  35,  66,  78. 

See  App.  B  , 
form  19. 

Townt-h'p  treas- 
urer to  apply  to 
county  treasur- 
er for  moneys. 

To  notify  town- 
ship clerk  of 
moneys. 

Moneys  due 

fractional 

districts. 


been  set  off,  and  the  said  former  district,  and  the  district  to 
which  the  portion  so  set  off  may  be  annexed  or  the  new  district 
organized  from  such  portion,  shall  each  be  entitled  to  such  pro- 
portion of  said  tax  as  the  amount  of  taxable  property  in  each 
part  thereof  bears  to  the  whole  amount  of  taxable  property  on 
which  such  tax  is  levied. 

(§72.)  SEC.  20.  The  township  treasurer  shall  retain  in  his 
hands,  out  of  the  moneys  collected  by  him,  after  deducting  the 
amount  of  tax  for  township  expenses,  the  full  amount  of  the 
school  taxes  on  the  assessment  roll,  and  hold  the  same  subject  to 
the  warrant  of  the  proper  district  officers,  to  the  order  of  the 
school  inspectors,  or  of  the  persons  entitled  thereto,  and  give  a 
written  notice  to  the  township  clerk  of  the  amount. 

(§73.)  SEC.  21.  The  township  treasurer  shall,  from  time  to 
time,  apply  to  the  county  treasurer  for  all  school  and  library 
moneys  belonging  to  his  township,  or  the  districts  thereof;  and 
on  receipt  of  the  moneys  to  be  apportioned  to  the  districts,  he 
shall  notify  the  township  clerk  of  the  amount  to  be  apportioned. 

(§74.)  SEC.  22.  Each  treasurer  of  a  township,  to  the  clerk  of 
which  the  retuups  of  any  fractional  school  district  shall  be  made, 
shall  apply  to  the  treasurer  of  any  other  township  in  which  any 
part  of  such  fractional  school  district  may  be  situated,  for  any 
money  to  which  such  district  may  be  entitled  ;  and  when  so 
received  it  shall  be  certified  to  the  township  clerk,  and  appor- 
tioned in  the  same  manner  as  other  taxes  for  school  purposes. 


CHAPTER  V. 


COUNTY    CLERK   AND   TREASURER. 


County  clerk 
to  receive  and 
dispose  of  com- 
munications, 
etc. 


County  clerk  to 
file  Inspectors' 
reports. 


Notice  of 
apportionment 
of  moneys. 


County  treas- 
urer to  apply 
for  monoys 
appropriated. 

To  notify  town- 
ship clerks  of 
amounts. 


(§75.)  SECTION  1.  It  shall  be  the  duty  of  each  county  clerk  to 
receive  all  such  communications,  blanks  and  documents  as  may 
be  directed  to  him  by  the  superintendent  of  public  instruction, 
and  dispose  of  the  same  in  the  manner  directed  by  said  superin- 
tendent. 

(§76.)  SEC.  2.  The  clerk  of  each  county  shall,  on  receiving 
from  the  secretary  of  the  county  board  of  school  examiners  the 
annual  reports  of  the  several  boards  of  school  inspectors,  file  the 
same  in  his  office.  On  receiving  notice  from  the  superintendent 
of  Public  Instruction  of  the  amount  of  moneys  apportioned  to 
the  several  townships  in  his  county,  he  shall  file  the  same  in  his 
office,  and  forthwith  deliver  a  copy  thereof  to  the  county 
treasurer.*  EP^I 

(§77.)  SEC.  3.  The  several  county  treasurers  shall  apply  for 
and  receive  such  moneys  as  shall  have  been  apportioned  to  their 
respective  counties,  when  the  same  shall  become  due ;  and  each 
of  said  treasurers  shall  immediately  give  notice  to  the  treasurer 
and  clerk  of  each  township  in  his  county,  of  the  amount  of 
school  moneys  apportioned  to  his  township,  and  shall  hold  the 
same  subject  to  the  order  of  the  township  treasurer. 

*  As  amended  by  act  No.  266,  public  acts  of  1887. 


GENERAL  SCHOOL  LAWS.  31 

CHAPTER  VI. 

BONDED    INDEBTEDNESS    OF    DISTRICTS. 

(§78. )  SECTION  1.  Any  school  district  may,  by  a  two-thirds  vote 
of  the  qualified  electors  of  said  district  present  at  any  annual 
meeting,  or  a  special  meeting  called  for  that  purpose  borrow 
money,  and  may  issue  bonds  of  the  district  therefor,  to  pay  for  a 
school-house  site  or  sites,  and  to  erect  and  furnish  school  build- 
ings as  follows:  Districts  having  less  than  thirty  children 
between  five  and  twenty  years  of  age  may  have  an  indebtedness 
not  to  exceed  three  hundred  dollars;  districts  having  thirty 
children  of  like  age  may  have  an  indebtedness  not  to  exceed  five 
hundred  dollars ;  districts  having  fifty  children  of  like  age  may 
have  an  indebtedness  not  to  exceed  one  thousand  dollars;  dis- 
tricts having  one  hundred  children  of  like  age  may  have  an 
indebtedness  not  to  exceed  three  thousand  dollars;  districts  hav- 
ing one  hundred  and  twenty-five  children  of  like  age,  and  with 
an  assessed  valuation  of  not  less  than  one  hundred  and  fifty 
thousand  dollars,  may  have  an  indebtedness  not  to  exceed  five 
thousand  dollars;  districts  having  two  hundred  children  of  like 
age  may  have  an  indebtedness  not  to  exceed  eight  thousand  dol- 
lars; districts  having  three  hundred  children  of  like  age  may 
have  an  indebtedness  not  to  exceed  fifteen  thousand  dollars; 
districts  having  four  hundred  children  of  like  age  may  have  an 
indebtedness  not  to  exceed  twenty  thousand  dollars;  districts 
having  five  hundred  children  of  like  age  may  have  an  indebted- 
ness not  to  exceed  twenty-five  thousand  dollars;  and  districts 
having  eight  hundred  children  or  more  of  like  age  may  have  an 
indebtedness  not  to  exceed  thirty  thousand  dollars:  Provided, 
That  the  indebtedness  of  a  district  shall  in  no  case  extend  beyond  maybet6sued. 
ten  years  for  money  borrowed :  Provided  further,  That  in  all  rroviso— regu- 
proceedings  under  this  section  the  director,  assessor,  and  one  liJnT0" 
person  appointed  by  the  district  board,  shall  constitute  a  board  bonds 
of  inspection,  who  shall  cause  a  poll-list  to  be  kept,  and  a  suit- 
able ballot-box  to  be  used,  which  shall  be  kept  open  two  hours, 
and  said  ballotings  shall  be  conducted  in  the  same  manner  as  at 
township  elections.* 

(§79.)  SEC.  2.  Whenever  any  school  district  shall  have  voted  to 
borrow  any  sum  of  money,  the  district  board  of  such  district  is  borrowed. 
hereby  authorized  to  issue  the  bonds  of  such  district,  in  such 
form,    and   executed   in   such   manner  by  the   moderator   and 
director  of  such  district,  and  in  such  sums,  not  less  than  fifty  interest 
dollars,  as  such  district  board  shall  direct,  and  with  such  rate  of  lb 
interest,  not  exceeding  eight  per  centum  per  annum,  and  payable 
at  such  time  or  times  as  the  said  district  shall  have  directed. 

(§78.)  A  school  district  has  no  power  to  issue^bonds  for  purposes  other  than  those 
enumerated  in  section  3726,  compiled  laws,  asTamended  by  act  No.  173,  laws  of  1879 
(i.  e.  tc  pay  for  a  school-house  site  or  sites,  and^to  erect  and  furnish  school  buildings.) 
—Kirchner,  Attorney  General,  Nov.  6,  1880. 

*  As  amended  by  act  No.  56,  public  acts  of  1887. 


32 


GENERAL  SCHOOL  LAWS. 


voters  may 


District  may 


<tkedr  bondsfur 


Proviso. 


(§80.)  SEC.  3.  Whenever  any  money  shall  have  been  borrowed 
by  any  school  district,  the  taxable  inhabitants  of  such  district  are 
hereby  authorized  at  any  regular  meeting  of  such  district,  to 
impose  a  tax  on  the  taxable  property  in  such  district,  for  the 
purpose  of  paying  the  principal  thus  borrowed,  or  any  part 
thereof,  and  the  interest  thereon,  to  be  levied  and  collected  as 
other  school  district  taxes  are  collected. 

(§81.)  SEC.  4.  Any  school  district,  whenever  it  shall  appear 
that  the  same  can  be  done  on  terms  advantageous  to  said  district, 
mav  borrow  money  to  pay  any  bonded  indebtedness  of  said  dis- 
trict then  existing,  and  issue  further  bonds  of  said  district  there- 
for:  Provided,  That  a  majority  of  the  qualified  voters  of  said 
district  shall  so  determine,  at  an  annual  or  special  meeting 
called  for  that  purpose;  and  that  the  notice  of  such  meeting, 
whether  annual  or  special,  shall  state  the  intention  to  take  such 
vote. 


CHAPTER  VII. 


SUITS  AND   JUDGMENTS    AGAINST   DISTRICTS. 


APP.  A., 


i 
ertain  cases, 


suit  against 


district. 


visor  judgment 
against  district. 


when  assessor 

how8  parctyrtmay 
proceed. 


•of  fracional 

-district. 


(§82.)  SECTION  1.  Justices  of  the  peace  shall  have  jurisdiction 

^n  a^  cases  °^  assumpsit,  debt,  covenant  and  trespass  on  the  case 

gainst  school  districts,  when  the  amount  claimed,  or  matter  in 

controversy  shall  not  exceed  one  hundred  dollars  ;  and  the  parties 

shall  have  the  same  right  of  appeal  as  in  other  cases. 

(§83.)  SEC.  2.  When  any  suit  shall  be  brought  against  a  school 
district,  it  shall  be  commenced  by  summons,  a  copy  of  which 
shall  be  left  with  the  assessor  of  the  district  at  least  eight  days 
before  the  return  day  thereof. 

(§^«  )  ^EC.  3.  ^°  execution  styall  issue  on  any  judgment 
against  a  school  district,  nor  shall  any  suit  be  brought  thereon, 
but  the  same  shall  be  collected  in  the  manner  prescribed  in  this 
act. 

(§85.)  SEC.  4.  Whenever  any  final  judgment  shall  be  obtained 
against  a  school  district,  if  the  same  shall  not  be  removed  to  any 
Other  court,  the  assessor  of  the  district  shall  certify  to  the  super- 
visor of  the  township  and  to  the  director  of  the  district,  the  date 
and  amount  of  such  judgment,  with  the  name  of  the  person  in 
whose  favor  the  same  was  rendered,  and  if  the  judgment  shall  be 
removed  to  another  court,  the  assessor  shall  certify  the  same  as 
aforesaid,  immediately  after  the  final  determination  thereof 
against  the  district. 

(§86.)  SEC.  5.  If  the  assessor  shall  fail  to  certify  the  judgment 
as  required  in  the  preceding  section,  it  shall  be  lawful  for  the 
party  obtaining  the  same,  his  executors,  administrators  or  assigns 
to  file  with  the  supervisor  the  certificate  of  the  justice  or  clerk 
of  the  court  rendering  the  judgment  showing  the  facts  which 
should  have  been  certified  by  the  assessor. 

(§87t)  S£G'  6<  If  tbe  district  against  whom  any  such  judgment 
shall  be  rendered  is  situated  in  part  in  two  or  more  townships,  a 


GENERAL  SCHOOL  LAWS.  33 


certificate  thereof  shall  be  delivered  as  aforesaid  to  the  supervisor 
of  each  township  in  which  such  district  is  in  part  situated. 

(§88.)  SEC.  ?.  The  supervisor  or  supervisors  receiving  either  supervisors  to 
of  the  certificates  of  a  judgment  as  aforesaid  shall  proceed  to  o"15gi?ent?t' 
assess  the  amount  thereof,  with  interest  from  the  date  of  the 
judgment  to  the  time  when  the  warrant  for  the  collection  thereof 
will  expire,  upon  the  taxable  property  of  the  district,  placing  the 
same  on  the  next  township  assessment  roll  in  the  column  for 
school  taxes;  and  the  same  proceedings  shall  be  had,  and  the  HOW  collected 
same  shall  be  collected  and  returned  in  the  same  manner  as  other  aE 
district  taxes. 

CHAPTER  VIII. 

SITES   FOR   SCHOOL-HOUSES. 

(§89.)  SECTION  1.  The  qualified  voters  of  any  school  district,  ^e1i4pp1«£-' 
when  lawfully  assembled,  may  designate  by  a  vote  of  two-thirds  of  Voters'to  deslg_ 
those  present,  such  number  of  sites  as  may  be  desired  for  school-  nate  sites, 
houses,  and  may  change  the  same  by  a  similar  vote  at  any  annual 
meeting.    When  no  site  can  be  established  by  such  inhabitants  as 
aforesaid,  the  school  inspectors  of  the  township  or  townships  in  when  inspsct- 

,.,,/,.,.,.         .*[        ,     ,        ,      -,,      ,    ,  .     J         ,  , -     ..      ors  shall  deter- 

which  the  district  is  situated  snail  determine  where  such  site  mine  site, 
shall  be,  and  their  determination  shall  be  certified  to  the  director  see  APP.  B., 
of  the  district,  and  shall  be  final,  subject  to  alteration  afterward  f° 
by  the  inspectors,  on  the  written  request  of  two-thirds  of  the 
qualified  voters  of  the  district,  or  by  two-thirds  of  the  qualified 
voters  agreeing  upon  a  site,  at  a  district  meeting  lawfully  called. 

(890.)    SEC.  2.    Whenever  a  site  for  a  school-house  shall  be  Disagreement 

•i       .  i     -i      -i    ,  -i  j    i  T   i       -i     •  '  -i     -i  upon  compensa- 

designated,  determined,  or  established,  in  any  manner  provided  tion  for  site. 
by  law,  in  any  school  district,  and  such  district  shall  be  unable 
to  agree  with  the  owner  or  owners  of  such  site  upon  the  compen- 
sation to  be  paid  therefor,  or  in  case  such  district  shall,  by 
reason  of  any  imperfection  in  the  title  to  said  site,  arising  either 
from  break  in  the  chain  of  title,  tax  sale,  mortgages,  levies,  or 
any  other  cause,  be  unable  to  procure  a  perfect,  unincumbered 
title,  in  fee  simple  to  said  site,  the  district  board  of  such  district 
shall  authorize  one  or  more  of  its  members  to  apply  to  the  cir- 
cuit judge,  if  there  be  one  in  the  county,  or  to  a  circuit  court 
commissioner  of  the  county,  or  to  any  justice  of  the  peace  of  the 
city  or  township  in  which  such  school  district  shall  be  situated, 
for  a  jury  to  ascertain  and  determine  the  just  compensation  to 
be  made  for  the  real  estate  required  by  such  school  district  for 
such  site,  and  the  necessity  for  using  the  same,  which  application  contents  of 
shall  be  in  writing,  and  shall  describe  the  real  estate  required  by  ai 
such  district  as  accurately  as  is  required  in  a  conveyance  of  real 
estate :  Provided,  That  whenever  any  school  district  shall  have  Proviso-evi 
designated,  selected,  or  established,  in  any  manner  provided  by 
law,  a  school-house  site,  such  selection,  designation,  or  estab- 
lishment shall  be  prima  facie  evidence  to  said  jury  of  the  neces- 
sity to  use  the  site  so  established. 


GENERAL  SCHOOL  LAWS. 


Jury  to  be 
summoned. 


Owner  to  be 
notified. 


Notice  in  case 
owner  is 
unknown,  etc. 


Return  of 
venire  and 
proceedings 
•thereon. 


(§91.)  SEC.  3.  It  shall  be  the  duty  of  such  circuit  judge,  circuit 
court  commissioner,  or  justice  of  the  peace,  upon  such  application 
being  made  to  him,  to  issue  a  summons  or  venire,  directed  to  the 
sheriff  or  any  constable  of  the  county,  commanding  him  to  sum- 
mon eighteen  freeholders  residing  in  the  vicinity  of  such  site, 
who  are  in  no  wise  of  kin  to  the  owner  of  such  real  estate,  and 
not  interested  therein,  to  appear  before  such  judge,  commis- 
sioner, or  justice,  at  the  time  and  place  therein  named,  not  less 
than  twenty  nor  more  than  fifty  days  from  the  time  of  issuing 
such  summons  or  venire,  as  a  jury  to  ascertain  and  determine  the 
just  compensation  to  be  made  for  the  real  estate  required  by  such 
school  district  for  such  site,  and  the  necessity  for  using  the 
same,  and  to  notify  the  owner  or  occupant  of  such  real  estate,  if 
he  can  be  found  in  the  county,  of  the  time  when  and  the  place 
where  such  jury  is  summoned  to  appear,  and  the  object  for  which 
such  jury  is  summoned;  which  notice  shall  be  served  at  least 
ten  days  before  the  time  specified  in  such  summons  or  venire  for 
the  jury  to  appear  as  hereinbefore  mentioned. 

(§92.)  SEC.  4.  Thirty  days'  previous  notice  of  the  time  when 
and  the  place  where  such  jury  will  assemble  shall  be  given  by  the 
district  board  of  such  district,  where  the  owner  or  owners  of  such 
real  estate  shall  be  unknown,  non-residents  of  the  county,  minors, 
insane,  non  compos  mentis,  or  inmates  of  any  prison,  by  publish- 
ing the  same  in  a  newspaper  published  in  the  county  where  such 
real  estate  is  situated;  or  if  there  be  no  newspaper  published  in 
such  county,  then  in  some  newspaper  published  in  the  nearest 
county  where  a  newspaper  is  published,  once  in  each  week  for 
four  successive  weeks,  which  notice  shall  be  signed  by  the  district 
board  or  by  the  director  or  assessor  of  such  district,  and  shall 
describe  the  real  estate  required  for  such  site,  and  state  the  time 
when  and  place  where  such  jury  will  assemble,  and  the  object  for 
which  they  will  assemble ;  or  such  notice  may  be  served  on  such 
owner  personally,  or  by  leaving  a  copy  thereof  at  his  last  place  of 
residence. 

(§93.)  SEC.  5.  It  shall  be  the  duty  of  such  judge,  commissioner, 
or  justice,  and  of  the  persons  summoned  as  jurors,  as  hereinbe- 
fore provided,  and  of  the  sheriff  or  constable  summoning  them  to 
attend  at  the  time  and  place  specified  in  such  summons  or  venire ; 
and  the  officer  who  summoned  the  jury  shall  return  such  sum- 
mons or  venire  to  the  officer  who  issued  the  same,  with  the  names 
of  the  persons  summoned  by  him  as  jurors,  and  shall  certifiy  the 
manner  of  notifying  the  owner  or  owners  of  such  real  estate,  if 
he  was  found ;  and  if  he  could  not  be  found  in  said  county,  he 
shall  certify  that  fact.  Either  party  may  challenge  any  of  the 
said  jurors  for  the  same  causes  as  in  civil  actions.  If  more  than 
twelve  of  said  jurors  in  attendance  shall  be  found  qualified  to 
serve  as  jurors,  the  officer  in  attendance,  and  who  issued  the  sum- 
mons or  venire  for  such  jury,  shall  strike  from  the  list  of  jurors 
a  number  sufficient  to  reduce  the  number  of  jurors  in  attendance 
to  twelve ;  and  in  case  less  than  twelve  of  the  number  so  sum- 
moned as  jurors  shall  attend,  the  sheriff  or  constable  shall  sum- 


GENERAL  SCHOOL  LAWS.  35 

mon  a  sufficient  number  of  freeholders  to  make  up  the  number  of 

twelve ;  and  the  officer  issuing  the  summons  or  venire  for  such 

jury,  may  issue  an  attachment  for  any  person  summoned  as  a  Attachment 

juror  who  shall  fail  to  attend,  and  may  enforce  obedience  to  such  S5oree1S»Jdi. 

summons,  venire,  or  attachment,  as  courts  of  record,  or  justices'  enceto  process. 

courts  are  authorized  to  do  in  civil  cases. 

(§94.)  SEC.  6.  The  twelve  persons  selected  as  the  jury  shall  be 
duly  sworn  by  the  judge,  commissioner,  or  justice  in  atten- 
dance, faithfully  and  impartially  to  inquire,  ascertain  and 
determine  the  just  compensation  to  be  made  for  the  real  estate 
required  by  such  school  district  for  suca  site,  and  the  necessity 
for  using  the  same  in  the  manner  proposed  by  such  school 
district;  and  the  persons  thus  sworn  shall  constitute  the  jury 
in  such  case.  Subpoenas  for  witnesses  may  be  issued,  and  their  subpoenas  for 
attendance  compelled  by  such  circuit  judge,  commissioner,  w 
or  justice  in  the  same  manner  as  may  be  done  by  the  circuit 
court  or  by  a  -justice's  court  in  civil  cases.  The  jury  mav  visit  Jury  to  ascer- 

,  .  .  j       ,.  i  •  •       A«  i  tain  necessity 

and  examine   the  premises,  and,  from   such   examination   and  for  taking  land. 

such  other  evidences  as  may  be  presented  before  them,  shall 

ascertain    and    determine  the    necessity    for  using    such    real 

estate  in  the  manner  and  for  the  purpose  proposed  by  such  school 

district,  and  the  just  compensation  to  be  made  therefor;  and 

if  such  jury  shall  find  that  it  is  necessary  that  such  real  estate 

shall  be  used  in  the  manner  or  for  the  purpose  proposed  by  such 

school  district,  they  shall  sign  a  certificate  in  writing,  stating 

that  it  is  necessary  that  said  real  estate,  describing  it,  should  be 

used  as  a  site  for  a  school-house  for  such  district :  also  stating  the  To  determine 

.  n  IT,..          J.T         •     '  j.«          compensation 

sum  to  be  paid  by  such  school  district  as  the  just  compensation  therefor, 
for  the  same.     The  said  circuit  judge,  circuit  court  commissioner  oourt^o  make 
or  justice  of  the  peace,  shall  sign  and  attach  to,  and  indorse  upon  ce 
the  certificate  thus  subscribed  by  the  said  jurors,  a  certificate 
stating  the  time  when  and  the  place  where  the  said  jury  assem- 
bled, that  they  were  by  him  duly  sworn  as  herein  required,  and 
that  they  subscribed  the  said  certificate.     He  shall  also  state  in 
such  certificate  who  appeared  for  the  respective  parties  on  such 
hearing  and  inquiry,  and  shall  deliver  such  certificates  to  the 
director,  or  to  any  member  of  the  district  board  of  such  school    . 
district. 

(§95.)  SEC.  7.  Upon  filing  such  certificates  in  the  circuit  court 
of  the  county  where  such  real  estate  is  situated,  such  court  shall, 
if  it  finds  all  the  proceedings  regular,  render  judgment  for  the 
sum  specified  in  the  certificate  signed  by  such  jury,  against  such 
school  district,  which  judgment  shall  be  collected  and  paid  in  the 
manner  as  other  judgments  against  school  districts  are  collected 
and  paid. 

(§96.)  SEC.  8.  In  case  the  owner  of  such  real  estate  shall  be 
unknown,  insane,  non  compos  mentis,  or  an  infant,  or  cannot  be  money  to'iw 
found  within  such  county,  it  shall  be  lawful  for  the  said  school 
district  to  deposit  the  amount  of  such  judgment  with  the  county 
treasurer  of  such  county,  for  the  use  of  the  person  or  persons 
entitled  thereto  ;  and  it  shall  be  the  duty  of  such  county  treasurer 


36 


GENERAL  SCHOOL  LAWS. 


Proviso — how 
money  to  be 
drawn  from 
county  treas- 
urer. 


On  payment 
court  to  decree 
title  vested  In 
district. 


Copy  of  decree 
to  be  recorded. 


to  receive  such  money,  and  at  the  time  of  receiving  it,  to  give  a 
receipt  or  certificate  to  the  person  depositing  the  same  with  him,, 
stating  the  time  when  such  deposit  was  made,  and  for  what  pur- 
pose; and  such  county  treasurer  and  his  sureties  shall  be  liable  on 
his  bond  for  any  money  which  shall  come  into  his  hands  under 
the  provisions  of  this  act,  in  case  he  shall  refuse  to  pay  or  account 
for  the  same,  as  herein  required :  Provided,  That  no  such  money 
shall  be  drawn  from  such  county  treasurer,  except  upon  an  order 
of  the  circuit  court,  circuit  court  commissioner  or  judge  of  pro- 
bate, as  hereinafter  provided. 

(§97.)  SEC.  9.  Upon  satisfactory  evidence  being  presented  to 
the  circuit  court  of  the  county  where  such  real  estate  lies,  that 
such  judgment,  or  the  sum  ascertained  and  determined  by  the 
jury  as  the  just  compensation  to  be  paid  by  such  district  for  such 
site,  has  been  paid,  or  that  the  amount  thereof  has  been  deposited 
according  to  the  provisions  of  the  preceding  sections,  such  court 
shall,  by  an  order  or  decree,  adjudge  and  determine  that  the  title 
in  fee  of  such  real  estate  shall,  from  the  time  of  making  such 
payment  or  deposit,  forever  thereafter  be  vested  in  such  school 
district  and  its  successors  and  assigns,  and  shall,  in  and  by  such 
order  or  decree,  award  to  such  school  district  a  writ  of  possession 
for  the  recovery  of  the  possession  of  such  real  estate ;  a  copy  of 
which  order  or  decree,  certified  by  the  clerk  of  said  county,  shall 
be  recorded  in  the  office  of  the  register  of  deeds  of  such  county, 
and  the  title  of  such  real  estate  shall  thenceforth,  from  the  time 
of  making  such  payment  or  deposit,  be  vested  forever  thereafter 
in  such  school  district,  and  its  successors  and  assigns  in  fee. 

(§98.)  SEC.  10.  Sueh  school  district  may,  at  any  time  after 
making  payment  or  deposit  hereinbefore  required,  enter  upon  and 
take  possession  of  such  real  estate  for  the  use  of  said  district. 
And  it  shall  be  the  duty  of  the  county  clerk  of  said  county,  on 
the  request  of  said  school  district,  to  issue  out  of  and  under  the 
seal  of  the  circuit  court  of  said  county  a  writ  of  possession  as 
awarded  in  such  order  or  decree;  which  writ  shall  be  directed  to 
the  sheriff  of  said  county,  and  shall  be  tested  and  made  return- 
able, and  shall  be  substantially,  so  far  as  may  be,  in  the  same 
form  provided  for  writs  of  possession  in  actions  of  ejectment ;. 
and  it  shall  be  the  duty  of  such  sheriff  thereupon  to  remove  the 
respondent  or  respondents  in  such  proceedings,  and  all  persons 
holding  under  them  or  either  of  them,  from  the  real  estate 
described  in  such  decree  and  in  such  writ,  and  deliver  the  posses- 
sion thereof  with  the  appurtenances  to  such  school  district. 

(§99.)  SEC.  11.  In  case  the  jury  hereinbefore  provided  for  shall 
not  agree,  another  jury  may  be  summoned  in  the  same  manner, 
and  the  same  proceedings  may  be  had,  except  that  no  further 
notice  of  the  proceedings  shall  be  necessary ;  but  instead  of  such 
notice,  the  judge,  commissioner  or  justice  may  adjourn  the  pro- 
ceedings to  such  time  as  he  shall  think  reasonable,  not  exceeding 
thirty  days,  and  shall  make  the  process  to  summon  a  jury  return- 
able at  such  time  and  place  as  the  said  proceedings  shall  be 
adjourned  to.  Such  proceedings  may  be  adjourned  from  time  to- 


When  district 
to  take  posses- 
sion. 


Writ  of  posses- 
sion to  be  Issued 
by  county  clerk 
to  sheriff. 


Sheriff  to 

remove 

respondent. 


When  jury  disa- 
grees proceed- 
ings may  be 
adjourned  and 
new  jury 
summoned. 


GENEKAL  SCHOOL  LAWS.  37 

time  by  the  said  judge,  or  commissioner,  or  justice,  on  the  appli- 
cation of  either  party,  and  for  good  cause,  to  be  shown  by  the  Adjournments 
party  applying  for  such  adjournment,  unless  the  other  party 
shall  consent  to  such  adjournment ;  but  such  adjournments  shall 
not  in  all  exceed  three  months. 

(§100.)  SEC.  12.  Incase  the  said  school-house  site  is  encum- proceedings  in 
bered  by  mortgage,  levy,  tax  sale,  or  otherwise,  as  aforesaid,  the 
mortgagee,  or  other  parties  claiming  to  be  interested  in  said  title 
shall  severally  be  made  a  party  to  the  procedure  as  aforesaid,  and 
shall  be  authorized  upon  the  filing  of  the  certificate  of  the  jury 
in  the  circuit  court  of  said  county,  to  appear  before  the  circuit 
judge  and  make  proof  relative  to  their  proportionate  claims  to 
the  said  site,  or  the  compensation  to  be  made  therefor  as  deter- 
mined by  said  jury.     And  the  said  circuit  judge  shall,  by  decree,  °uty  of  circuit 
settle  their  several  claims  in  accordance  with  the  rights  of  the  JU 
parties  respectively,  and  may  divide  the  sum  awarded  by  said 
jury  between  the  claimants  as  in  his  judgment  will  be  equitable 
and  right,  rendering  against  said  district  a  separate  judgment 
for  each  of  the  amounts  so  awarded. 

(§101.)  SEC.  13.  The  circuit  judge,  judge  of  probate,  or  circuit  Jow^money^ 
court  commissioner  of  any  county  where  any  money  has  been  countytrels- 
deposited  with  the  county  treasurer  of  such  county,  as  hereinbe-  ;^™aybe 
fore  provided,  shall,  upon  the  written  application  of  any  person 
or  persons  entitled  to  such  money,  and  upon  receiving  satisfac- 
tory evidence  of  the  right  of  such  applicant  to  the  money  thus 
deposited,  make  an  order,  directing  the  county  treasurer  to  pay 
the  money  thus  deposited  with  him  to  said  applicant ;  and  it  shall 
be  the  duty  of  such  county  treasurer,  on  the  presentation  of  such 
order,  with  the  receipt  of  the  person  named  therein  indorsed  on 
said  order  and  duly  acknowledged,  in  the  same  manner  as  con- 
veyances of  real  estate  are  required  to  be  acknowledged,  to  pay 
the  same;  and  such  order,  with  the  receipt  of  the  applicant  or 
person  in  whose  favor  the  same  shall  be  drawn,  shall,  in  all  courts 
and  places,  be  presumptive  evidence  in  favor  of  such  county  trea- 
surer, to  exonerate  him  from  all  liability  to  any  person  or  persons 
for  said  money  thus  paid  by  him. 

(§102.)    SEC.  14.    Circuit  judges,  circuit  court  commissioners,  compensation 

\     ...  •  i         i          j         .LI.     of  officers,  etc., 

and  justices  of  the  peace,  for  any  services  rendered  under  the  On  proceedings. 
provisions  of  this  act,  shall  be  entitled  to  the  same  fees  and  com- 
pensation as  for  similar  services  in  other  special  proceedings. 
Jurors,  constables,  and  sheriffs  shall  be  entitled  to  the  same  fees 
as  for  like  services  in  civil  cases  in  the  circuit  court. 

(§103.)  SEC.  15.  In  case  any  circuit  judge,  circuit  court  com-  ^nun^fee'to 
missioner,  or  justice  of  the  peace,  who  shall  issue  a  summons  or  attend,  another 
venire  for  a  jury,  shall  be  unable  to  attend  to  any  of  the  subse- 
quent  proceedings  in  such  case,    any  other  circuit  court  com- 
missioner or  justice  of  the  peace  may  attend  and  finish  said 
proceedings. 


38 


GENEKAL  SCHOOL  LAWS. 


CHAPTER  IX. 


See  App.  A., 
115,10. 
When  electors 
may  appeal. 


How  made  in 

fractional 

districts. 


Powers  and 
duties  of  town- 
ship board. 


Appellants  to 
file  statement 
of  cause. 


Appellants  to 
execute  bond. 


Where  filed. 


Duty  of  Inspect- 
ors when  appeal 
Is  filed. 


APPEALS  FROM  ACTION  OF  INSPECTORS. 

(§104.)  SECTION  1.  Whenever  any  five  or  more  tax-paying 
electors,  having  taxable  property  within  any  school  district,  shall 
feel  themselves  aggrieved  by  any  action,  order,  or  decision  of  the 
board  of  school  inspectors,  with  reference  to  the  formation,  or 
any  division,  or  consolidation  of  said  school  district,  they  may, 
at  any  time  within  sixty  days  from  the  time  of  such  action  on 
the  part  of  said  school  inspectors,  appeal  from  such  action,  order, 
or  decision  of  said  board  of  school  inspectors  to  the  township 
board  of  the  township  in  which  such  school  district  is  situated, 
and  in  case  of  fractional  school  districts  notice  of  such  appeal 
shall  be  served  on  the  clerk  of  the  joint  boards  of  school  inspect- 
ors who  have  made  the  decision  appealed  from,  who  shall,  within 
five  days,  give  notice  thereof  to  the  township  boards  of  the  sev- 
eral townships  in  which  the  different  parts  of  said  fractional 
school  district  are  situated,  who  shall  have  power,  and  whose 
duty  it  shall  be,  acting  jointly,  to  entertain  such  appeal,  and 
review,  confirm,  set  aside,  or  amend  the  action,  order,  or  decis- 
ion of  the  board  of  school  inspectors  thus  appealed  from ;  or  if 
in  their  opinion  the  appeal  is  frivolous  or  without  sufficient 
cause,  they  may  summarily  dismiss  the  same.f 

(§105.)  SEC.  2.  Said  appellants  shall,  before  taking  such  appeal, 
make  out  and  file  with  the  board  of  school  inspectors,  or  in  case  of 
fractional  school  districts  to  the  clerk  of  the  joint  boards  of  school 
inspectors,  a  written  statement,  to  be  signed  by  said  appellants, 
setting  forth  in  general  terms  the  action,  order,  or  decision  of 
the  board  or  boards  of  school  inspectors  with  respect  to  which  the 
appellants  feel  themselves  aggrieved,  and  their  demand  for  an 
appeal  therefrom  to  the  township  board  or  boards  of  said  town- 
ship or  townships,  and  shall  also  cause  to  be  executed  and  signed 
by  one  of  their  number,  and  by  two  good  and  sufficient  sureties 
to  be  approved  by  the  clerk  of  said  board  or  joint  boards  of  school 
inspectors  or  by  any  justice  of  the  peace  of  the  township,  and 
filed  with  the  clerk  of  said  board  or  joint  boards  of  school  inspect- 
ors, a  bond  to  the  people  of  the  State  of  Michigan  in  the  penal 
sum  of  two  hundred  dollars,  conditioned  for  the  due  prosecution 
of  said  appeal  before  said  township  board  or  boards  acting  jointly, 
and  also,  in  case  of  the  dismissal  of  said  appeal  as  frivolous  by 
said  township  board  or  joint  boards,  for  the  payment  by  said 
appellants  of  all  costs  occasioned  to  the  township  or  townships 
by  reason  of  said  appeal.8 

(§106.)  SEC.  3.  Upon  the  filing  of  such  appeal  papers  and  bond 
with  the  said  board  or  joint  boards  of  school  inspectors,  the  said 
board  or  joint  boards  of  school  inspectors  shall,  within  ten  days 
thereafter,  make  out  and  file  with  the  clerk  of  said  township  in 

1  As  amended  by  Act  No.  82,  Session  Laws  1883. 
« As  amended  by  Act  No.  82,  Session  Laws  of  1883. 


GENERAL  SCHOOL  LAWS.  39 


which  the  said  school-house  is  located,  a  full  and  complete  tran- 
script of  all  their  proceedings,  actions,  orders,  or  decisions  with 
reference  to  which  the  appeal  is  taken,  and  of  their  records  of  the 
same ;  also  said  bond  and  appeal  papers,  and  all  petitions  and 
remonstrances,  if  any,  with  reference  to  the  matters  appealed 
from;  and  upon  the  filing  of  the  same  with  the  said  township 
clerk,  the  said  township  board  or  boards  shall  be  deemed  to  be 
in  possession  of  the  case,  and  if  the  return  be  deemed  by  them  of  case' 
insufficient,  may  order  a  further  and  more  complete  return  by  said 
board  or  boards  of  school  inspectors;  and  when  such  return  shall  Proceedings  in 
by  them  be  deemed  sufficient,  they  shall  proceed  with  the  con-  th 
•sideration  of  the  appeal,  at  such  time  or  times,  within  ten  days 
after  such  return,  and  in  such  manner  and  under  such  affirmation, 
amendment  or  reversal  of  the  action,  order,  or  decision  of  the 
board  or  boards  of  school  inspectors  appealed  from,  as  in  their 
judgment  shall  seem  to  be  just  and  right;    or,  they  deem  the 
appeal  to  be  frivolous,  they  may  summarily  dismiss  the  same ;  but  wnen  memben 
the  decision  of  said  board  or  boards  of  school  inspectors  shall  boa^icannot 
not  be  altered  or  reversed,  unless  a  majority  of  such  township  J^  ca8deetermln' 
board  or  boards,  not  members  of  said  board  or  boards  of  school  see  A.PP.  A., 
inspectors,  shall  so  determine.  1ir  u>  15> 

CHAPTER  X. 

GBADED   SCHOOL  DISTRICTS. 

(§107.)  SECTION  1.  Any  school  district  containing  more  than  see  App.  A., 
•one  hundred  children  between  the  ages  of  five  and  twenty  years  ^^isiScti 
may,  by  a  two-thirds  vote  of  the  qualified  electors  present  at  any  may  organize 
annual  or  special  meeting,  organize  as  a  graded  school  district :  as 
Provided,  That  the  intention  to  take  such  vote  shall  be  expressed  Proviso- notice 
in  the  notice  of  such  annual  or  special  meeting.      When  such  of 
change  in  the  organization  of  the  district  shall  have  been  voted,  Election  of 
the  voters   at   such   annual   or   special    meeting  shall  proceed 
immediately  to  elect  by  ballot  from  the  qualified  voters  of  the 
district  one  trustee  for  the  term  of  one  year,  two  for  the  term  of  Term  of  offlce- 
two  years,  and  two  for  a  term  of  three  years,  and  annually 
thereafter  a  successor  or  successors  to  the  trustee  or  trustees 

(§107.)  Elections  held  in  graded  school  districts  wherein  two  trustees  were  balloted  * 

for  at  the  same  time,  on  joint  ballot,  are  void,  and  no  person  has  been  legally  elected, 
it  has  frequently  been  held  that,  if  a  ballot  contains  the  names  of  two  persons 
for  the  same  offlce,  when  but  one  is  to  be  chosen,  it  is  bad  as  to  both.  The  election  of 
two  trustees  on  two  separate  ballots,  would  be  good  as  to  the  first  one  chosen,  and 
void  as  to  the  second.  As  it  is  the  policy  of  the  law  to  uphold  elections  where  the 
choice  of  the  people  can  be  ascertained,  the  one  first  elected  having  received  the 
necessary  vote  is  the  choice  of  the  electors,  and  such  action  of  the  district  is  valid  as 
to  him.  As  the  amendment  of  1883  does  not  repeal  section  1,  act  X,  only  so  far  as  it  is 
in  conflict  therewith,  and  as  both  statutea  provide  that  trustees  shall  hold  over  until 
their  successors  shall  be  elected  and  qualified,  the  old  board  remain  in  office  until  a 
valid  election  is  had.  The  law  makes  no  provision  for  a  special  election  for  trustees 
of  graded  schools,  hence  where  the  regular  election  was  void  there  can  be  no  special 
election  to  fill  the  office.  No  election  can  be  held  without  a  law  providing  therefor, 
hence  the  law  that  both  trustees  hold  over  is  in  full  force  wherever  there  was  a  failure 
to  elect,  as  provided  by  statute.  Section  2,  chapter  3,  of  the  school  law  applies  only  to 
officers  of  district  schools,  and  not  to  trustees  of  graded  schools,  and  only  permits  a 
special  election  where  two  vacancies  exist.  The  trustees  have  no  power  under  section 
2,  chapter  X,  to  appoint  a  trustee  where  there  has  been  a  failure  to  elect,  but  can  only 
11  vacancies,  as  in  case  of  death,  resignation  or  removal.—  Van  Riper,  Atty.  Gen., 
July  26,  1883. 


40 


GENERAL  SCHOOL  LAWS. 


Proviso. 


Majority  vote 
necessary  to 
elect. 


Acceptance  of 
office  to  be 
filed. 

See  App.  B., 
form  5. 

Officers  to  be 
elected  by 
trustees. 


Vacancy  in 
board,  how 
filled. 

When  inspect- 
ors shall  appoint 
officers. 

See  App.  B., 
form  15. 


Duty  of 

trustees. 

To  classify 
pupils. 


To  establish 

high  schools, 

etc. 

See  App.  A., 

H  142,  143. 

To  audit  and 
pay  director's 
accounts. 


To  employ 
teachers. 

See  §  40. 

See  App.  B., 
form  26. 


whose  term  of  office  shall  expire :  Provided  also,  In  all  districts 
organized  prior  to  the  year  eighteen  hundred  and  eighty-three 
there  shall  be  one  trustee  elected  at  the  annual  meeting  for  the 
year  eighteen  hundred  and  eighty-three,  and  thereafter  there 
shall  be  elected  a  trustee  or  trustees  in  the  manner  aforesaid, 
whose  term  of  office  shall  be  three  years,  and  until  his  or  their 
successor  or  successors  shall  have  been  elected  and  filed  his  or  their 
acceptance :  Provided  also,  That  in  the  election  of  trustees,  and 
all  other  school  officers,  the  person  receiving  a  majority  of  all  the 
votes  shall  be  declared  elected.11 

(§108.)  SEC.  2.  Within  ten  days  after  their  election  such 
trustees  shall  file  with  the  director  acceptances  of  the  offices  to 
which  they  have  been  elected,  and  shall  annually  elect  from  their 
own  number  a  moderator,  a  director,  and  assessor,  and  for  cause 
may  remove  the  same,  and  may  appoint  others  of  their  own  num- 
ber in  their  places,  who  shall  perform  the  duties  prescribed  by 
law  for  such  officers  in  other  school  districts  in  this  State,  except 
as  herinafter  provided.  The  trustees  shall  have  power  to  fill  any 
vacancy  that  may  occur  in  their  number  till  the  next  annual 
meeting.  Whenever,  in  any  case,  the  trustees  shall  fail,  through 
disagreement  or  neglect,  to  elect  the  officers  named  in  this  section, 
within  twenty  days  next  after  the  annual  meeting,  the  school 
inspectors  of  the  township  or  city  to  which  such  district  makes 
its  annual  report  snail  appoint  the  said  officers  from  the  number 
of  said  trustees. 

(§109.)  SEC.  3.  It  shall  be  the  duty  of  the  board  of  trustees  of 
any  graded  school  district: 

First,  To  classify  and  grade  the  pupils  attending  school  in  such 
district,  and  cause  them  to  be  taught  in  such  schools  or  depart- 
ments as  they  may  deem  expedient ; 

Second,  To  establish  in  such  district  a  high  school  when  ordered 
by  a  vote  of  the  district  at  an  annual  meeting,  and  to  determine 
the  qualifications  for  admission  to  such  school,  and  the  fees  to 
be  paid  for  tuition  in  any  branches  taught  therein; 

Third,  To  audit  and  order  the  payment  of  all  accounts  of  the 
director  for  incidental  or  other  expenses  incurred  by  him  in  the 
discharge  of  his  duties ;  but  no  more  than  fifty  dollars  shall  be 
expended  by  the  director  in  any  one  year  for  repairs  of  the  build- 
ings or  appurtenances  of  the  district  property  without  the  author- 
ity of  the  board  of  trustees ; 

Fourth,  To  employ  all  qualified  teachers  necessary  for  the  sev- 
eral schools,  and  to  determine  the  amount  of  their  compensation, 
and  to  require  the  director  and  moderator  to  make  contracts  with 

>»A8  amended  by  Act  No.  28,  Session  Laws  1883,  and  Act  No.  18,  Session  Laws  1885, 
(§109,  paragraph  four.)  The  question  is  as  to  whether  the  board  of  trustees  of  a 
graded  school  can  employ  a  music  teacher  who  has  not  passed  the  regular  examina- 
tion required  of  other  teachers  and  received  a  certificate  required  by  section  5153  of 
Howeirs  Statutes  (Sec.  4,  Chap.  11,  School  Laws)  ?  It  would  be  most  difficult  to 
imagine  that  an  examination  in  the  several  branches  and  studies  specified  in  the 
statutes  would  show  sufficiently  the  qualifications  of  the  applicants  to  teach  either 
music  or  drawing.  I  do  not  think  the  statute  applicable  to  such  teachers  nor  does 
there  appear  to  be  any  which  is.  The  board  probably  has  and  will  be  held  by  the 
courts  to  possess  such  authority,  still  it  is  not  a  question  free  from  doubt  and  addi- 
tional legislation  may  be  desirable.-Tacrgart,  Attorney  General,  July  26,  1886. 


GENERAL  SCHOOL  LAWS.  41 

the  same  on  behalf  of  the  district,  in  accordance  with  the  pro-  seeAPP.  A., 
visions  of  law  concerning  contracts  with  teachers; 

Fifth,  To  employ  such  officers  and  servants  as  may  be  neces-  TO  employ 
sary  for  the  management  of  the  schools  and  school-property,  and  of   er8'  etc' 
prescribe  their  duties  and  fix  their  compensation  ; 

Sixth,  To  perform  such  other  duties  as  are  required  of  district  other  duties. 
boards  in  other  school  districts.  See  Chftp-  nl- 

(§110.)  SEC.  4.  No  alteration  shall  be  made  in  the  boundaries  consent  of  trus- 
of  any  graded  school  district,  without  the  consent  of  a  majority  ^hange8^7 
of  the  trustees  of  said  district,  which  consent  shall  be  spread  upon  SSSJJJjJ1*8  of 
the  records  of  the  district,  and  placed  on  file  in  the  office  of  the 
clerk  of  the  board  of  school  inspectors  of  the  township  or  city  to 
which  the  reports  of  said  district  are  made;  aad  graded  school     c  dtrtcts 


t 

districts  shall  not  be  restricted  to  nine  sections  of  land.  £?  8ize.trlt 

(Sill.)  SEC.  5.  Whenever  two  or  more  contiguous  districts  hav-  TWO  or  more 

.     vs.  ,       ,      ,  .,,         °,  ,  districts  can 

ing  together  more  than  one  hundred  children  betwen  the  ages  of  unite  and  form 

five  and  twenty  years,  after  having  published  in  the  notices  of  the 

annual  meetings  of  each  district  the  intention  to  take  such  action, 

shall  severally,  by  a  vote  of  two-thirds  of  the  qualified  voters 

attending  the  annual  meeetings  in  said  districts,  determine  to 

unite  for  the  purpose  of  establishing  a  graded  school  district 

under  the  provisions  of  this  chapter,  the  school  inspectors  of  the 

township  or  townships  in  which  such  districts  may  be  situated 

shall,  on  being  properly  notified  of  such  vote,  proceed  to  unite 

such  districts,  and  shall  appoint,  as  soon  as  practicable,  a  time 

and  place  for  a  meeting  of  the  new  district,  and  shall  require  Notice  of 

three  notices  of  the  same  to  be  posted  in  each  of  the  districts  so  m 

united  at  least  five  days  before  the  time  of  such  meeting,  and  at 

such  meeting  the  district  shall  elect  a  board  of  trustees,  as  pro- 

vided in  section  one  of  this  chapter,  and  may  do  whatever  busi- 

ness may  be  done  at  any  annual  meeting.1 


CHAPTER  XL 

LIBRAKIES. 

(§112.)  SECTION!.  A  township  library  shall  be  maintained  in  Township 
each  organized  township,  which  shall  be  the  property  of  the  m^/ained^ 
township,  and  shall  not  be  subject  to  sale  or  alienation  from  any 
cause  whatever.     All  actions  relating  to  such  library,  or  for  the 
recovery  of  any  penalties  lawfully  established  in  relation  thereto, 
shall  be  brought  in  the  name  of  the  township. 

(§113.)  SEC.  2.    All  persons  who  are  residents  of  the  township  who  are  entitled 
shall  be  entitled  to  the  privileges  of  the  township  library,  subject  SwSj?*8** 
to  such  rules  and  regulations  as  may  be  lawfully  established  in 
relation  thereto :    Provided,  That  persons  residing  within  the  Proviso. 
boundaries  of  any  school  district  in  which  a  district  library  has 
been  established  shall  be  entitled  to  the  privileges  of  such  dis- 
trict library  only. 

'New  section  added  by  Act  No.  53,  Session  Laws  of .1883. 


GENEEAL  SCHOOL  LAWS. 


Inspectors  to 
have  charge. 

See  App    B., 
form  18. 

See  App.  A., 
IT  144,  146. 

Inspectors 
accountable  for 
care,  etc.,  of 
library. 

Powers  of 
Inspectors. 

See  App.  C. 


Where  library 
te  be  kept. 


Librarian. 


What  districts 
may  establish 
libraries. 


District  board 
to  have  charge 
of  district 
library. 


Inspectors  to 
report  library 
statistics  to 
State  superin- 
tendent. 


(§114.)  SEC.  3.  The  township  board  of  school  inspectors  shall 
have  charge  of  the  township  library,  and  shall  apply  for  and 
receive  from  the  township  treasurer  all  moneys  appropriated  for 
the  township  library  of  their  township,  and  shall  purchase  the 
books  and  procure  the  necessary  appendages  for  such  library. 

(§115.)  SEC.  4.  Said  board  shall  be  held  accountable  for  the 
proper  care  and  preservation  of  the  township  library,  and  shall 
have  power  to  provide  for  .the  safe  keeping  of  the  same,  to  prescribe 
the  time  for  taking  and  returning  books,  to  assess  and  collect 
fines  and  penalties  for  the  loss  or  injury  of  said  books,  and  to 
establish  all  other  needful  rules  and  regulations  for  the  manage- 
ment of  the  library,  as  said  board  shall  deem  proper,  or  the  super- 
intendent of  public  instruction  may  advise. 

(§116.)  SEC.  5.  The  board  of  school  inspectors  shall  cause  the 
township  library  to  be  kept  at  some  central  or  eligible  place  in 
the  township,  which  it  shall  determine ;  such  board  shall  also, 
within  ten  days  after  the  annual  township  meeting,  appoint  a 
librarian  for  the  term  of  one  year,  to  have  the  care  and  superin- 
tendence of  said  library,  who  shall  be  responsible  to  the  board  of 
school  inspectors  for  the  impartial  enforcement  of  all  rules  and 
regulations  lawfully  established  in  relation  to  said  library^ 

(§117.)  SEC.  6.  Any  school  district  having  a  school  census  of 
not  less  than  one  hundred  children,  by  a  two-thirds  vote  at  any 
annual  meeting,  may  establish  a  district  library,  and  such,  dis- 
trict shall  be  entitled  to  its  just  proportion  of  books  from  the 
library  of  any  township  in  which  it  is  wholly  or  partly  situated, 
to  be  added  to  the  district  library,  and  also  to  its  equitable  share  of 
any  library  moneys  remaining  unexpended  in  any  such  township 
or  townships  at  the  time  of  the  establishment  of  such  district 
library,  or  that  shall  thereafter  be  raised  by  tax  in  such  township 
or  townships,  or  that  shall  thereafter  be  apportioned  to  the  town- 
ship to  the  inspectors  of  which  the  annual  report  of  its  director 
is  made. 

(§118.)  SEC.  7.  The  district  board  of  any  school  district  in  which 
a  district  library  may  be  established  in  accordance  with  the  pro- 
visions of  this  act  shall  have  charge  of  such  library;  and  the 
duties  and  responsibilities  of  said  district  board  in  relation  to 
the  district  library,  and  all  moneys  raised  or  apportioned  for  its 
support,  shall  be  the  same  as  those  of  the  board  of  school  inspect- 
ors are  to  the  township  library. 

(§119.)  SEC.  8.  The  school  inspectors  shall  give  in  their  annual 
report  to  the  superintendent  of  public  instruction,  such  facts 
and  statistics  relative  to  the  management  of  the  township  library 
and  the  library  moneys,  as  the  superintendent  of  public  instruc- 
tion shall  direct ;  and  the  district  board  of  any  school  district 
having  a  library,  shall  cause  to  be  given  in  the  annual  report  of 
the  director  to  the  board  of  school  inspectors,  like  facts  and 
statistics  relative  to  the  district  library,  which  items  shall  also 
be  included  by  the  said  inspectors  in  their  annual  report. 


As  amended  by  Act  No.  114,  Session  Laws  of  1883. 


GENERAL  SCHOOL  LAWS.  43 

(§120.)  SEC.  9.  In  case  the  board  of  school  inspectors  of  any  Failure  to. 
township,  or  the  district  board  of  any  school  district,  shall  fail  5T<rf  money?1 
to  make  the  report  required  by  the  preceding  section,  or  in  case  Sg  o? moneys"" 
it  shall  appear  from  the  reports  so  made  that  any  township  or  thereafter. 
school  district  has  failed   to   use  the  library   money  in   strict 
accordance  with  the  provisions  of  law,  such  township  or  district 
shall  forfeit  its  share  of  the  library  moneys  that  are  apportioned, 
and  the  same  shall  be  apportioned  to  the  several  other  townships 
and  districts  in  the  county  as  hereinafter  provided :  Provided,  Proviso, 
that  in  townships  where  the  boards  thereof  shall  determine  and 
report  to  the  superintendent  that  the  public  will  be  better  served 
by  using  the  said  money  for  general  school  purposes,  no  such 
forfeiture  shall  occur. 

(§121.)  SEC.  10.  The  superintendent  of  public  instruction  shall  ^dtmuJpro. 
annually  and  previous  to  the  tenth  day  of  May,  transmit  to  the  vide  county 
clerk  of  each  county  a  statement  of  the  townships  in  his  county  statement, 
that  are  entitled  to  receive  library  moneys,  giving  the  number  of 
children  in  each  of  such  townships  between  the  ages  of  five  and 
twenty  years,  as  shall  appear  from  the  reports  of  the  boards  of 
school  inspectors  for  the  school  year  last  ending ;  said  clerk  shall  statement  to  be 

iii  i     -       i  •          /v  t     i     Tt  m  'it*          •  i          filed  and  copy 

file  such  statement  in  his  office,  and  shall  forthwith  furnish  a  given  to  county 
copy  thereof  to  the  county  treasurer.  treasurer. 

(8122.)  SEC.  11.  The  clear  proceeds  of  all  fines  for  any  breach  Apportionment 

*     11  •      on  j    *  TJ.-  of  proceeds  of 

of  the  penal  laws  of  this  State  and  for  penalties,  or  upon  any  penai  fines, 
recognizances  in  criminal  proceedings,  and  all  equivalents  for 
exemptions  [exemption]  from  military  duty  when  collected  in  ^ef4^pp' A" 
any  county  and  paid  into  the  county  treasury,  together  with  all 
moneys   heretofore   collected   and   paid   into   said    treasury  on 
account  of  such  fines  or  equivalents,  and  not  already  appropri- 
ated [apportioned],  shall  be  apportioned  by  the  county  treasurer  HOW  applied, 
before  the  first  day  of  June  in  each  year,  among  the  several 
townships  in  the  county,  according  to  the  number  of  children 
therein,  between  the  ages  of  five  and  twenty  years,  as  shown  by 
the  statement  of  the  superintendent  of  public  instruction  pro- 
vided for  in  the  preceding  section,  which  money  shall  be  exclu- 
sively  applied   to   the   support  of  the   township    and    district 
libraries,  and  to  no  other  purpose :    Provided,  That  from  and  Pr<>viso. 
after  January  first,  one  thousand  eight  hundred  and  eighty-two, 
such  money  may  be  used  for  general  school  purposes  in  any 
township  wherein  the  township  board  thereof  shall  so  determine. 

(§123.)    SEC.  12.    The  qualified  voters  of  each  township  shall  va°xt^8rmtay  ^ 
have  power,  at  any  annual  township  meeting,  to  vote  a  tax  for  oMib°ariesPOr 
the  support  of  libraries  established  in  accordance  with  the  pro- 
visions of  this  act,  and  the  qualified  voters  of  any  school  district, 
in  which  a  district  library  shall  be  established,  shall  have  power, 
at  any  annual  meeting  of  such  district,  to  vote  a  district  tax  for 

(§121.)  I  am  clearly  of  the  opinion  that  the  superintendent  could  make  his  report  at 
any  time  before  the  first  day  of  June,  and  that  it  would  be  the  duty  of  the  clerk  to 
forward  the  same  to  the  county  treasurer,  and  that  it  would  be  his  duty  to  make  the 
apportionment,  even  if  delayed  beyond  the  time  fixed  by  law.  This,  however,  is  with 
the  superintendent,  and  it  must  be  a  very  exceptional  case  that  would  justify  him  in 
a  failure  to  comply  with  the  clearly  expressed  provisions  of  law. 


44  GENERAL  SCHOOL  LAWS. 


HOW  tax  to  be    the  support  of  said  district  library.     When  any  tax  authorized 
aSe^'and      by  this  section  shall  have  been  voted,  it  shall  be  reported  to  the 
supervisor,  levied,  and  collected  in  the  same  manner  as  other 
township  and  school  district  taxes. 

District  board        (§124.)  SEC.  13.  The  district  board  of  any  school  district  may 
bookfto^own^1  donate  or  sell  any  library  book  or  books  belonging  to  such  dis- 
ship  library.       trict  to  the  board  of  school  inspectors  of  the  township  or  town- 
ships in  which  said  district  is  wholly  or  partly  situated,  which 
book  or  books  shall  thereafter   form   a  part   of  the  township 
library. 

CHAPTER  XII. 

EXAMINATION   OF   TEACHEKS    AND    SUPERVISION    OF   SCHOOLS. 

Election  of  (§125.)  SECTION.    1.  The  chairmen  of  the  boards  of  school 

school  examin-  jnspect0rs  of  the  several  townships  in  each  county  shall  meet  at 

the  office  of  the  county  clerk  of  their  county  on  the  first  Tuesday 

Term  of  office,   in  August,  in  each  year,  and  elect  by  ballot  one  scliool  examiner, 

who  shall  hold  his  office  for  two  years,  or  until  his  successor  shall 

proviso.  have  been  duly  elected  and  qualified  :  Provided,  That  in  the  year 

eighteen  hundred  and  eighty-seven  there  shall  be  no  election  of 

*       examiner,  but  the  two  examiners  previously  elected  whose  terms 

of  office  shall  not  have  expired  shall  hold  for  the  unexpired  por- 

Duties  of  county  tions  of  the  terms  for  which  they  were  elected.   The  county  clerk 

toeefeaion,aet°cn  shall  be  the  clerk  of  such  elections  in  all  cases,  and  in  case  of  a 

tie  shall  give  the  casting  vote,  and  he  shall  preserve  a  record  of 

such  election  in  a  book  to  be  kept  for  that  purpose,  and  shall 

immediately  after  such  election  notify  the  person  so  elected  of 

his  election.      The  school  examiners  shall,  within  ten  days  after 

receiving  notice  of  their  election,  take  and  subscribe  the  consti- 

oath  of  examin-  tutional  oath  of  office,  the  same  to  be  filed  with  the  county  clerk, 

led>     and  shall  enter  upon  the  duties  of  their  offices  on  the  fourth 

Tuesday  of  August  following  their  election.1" 

section  of  (§  126.)  SEC.  2.  The  two  school  examiners  elected  by  the  town- 

board!*^  ship  chairmen  shall  meet  at  the  office  of  the  judge  of  probate  of 
the  county  on  the  fourth  Tuesday  of  August  of  each  year,  and 
with  the  judge  of  probate,  who  shall  act  as  a  member  and  clerk 

<§125.)  The  county  examiner  will  not  lose  his  residence  or  forfeit  his  office,  by  reason 
of  the  temporary  removal  of  his  family  into  another  city  or  village,  provided  such 
absence  is  merely  temporary,  and  the  intent  is  to  return  as  soon  as  the  education  of 
his  children  in  the  university  or  college  is  accomplished.  It  is  the  intent  of  the 
party  that  governs,  and  a  man's  temporary  absence  in  another  State  or  foreign  coun- 
try even  tor  a  period  of  years,  does  not  change  his  legal  domicile,  provided,  as  before 
stated,  that  he  does  not  relinquish  his  home  in  the  one  place  and  take  it  up  in  the 
other  place  with  intent  to  remain  in  such  new  home.—  VanRiper,  Attorney  General, 
June  23, 1882. 

(§  125.)  I  am  of  the  opinion  that  an  election  of  school  examiner  by  less  than  a  major- 
ity is  not  a  valid  election  and  a  person  elected  by  less  than  a  majority  is  not  legally 
elected  and  cannot  claim  to  hold  such  office.— VanRiper,  Attorney  General,  Aug. 
28,  1882. 

(§  126.)  It  is  made  the  duty  of  the  two  school  examiners  with  the  judge  of  probate 
acting  as  a  member  and  clerk  of  the  board,  to  employ  a  secretary.  I  do  not  think  it 
was  the  intention  of  the  Legislature  that  they  should  employ  one  of  their  own  mem- 
bers as  secretary ;  if  such  were  the  intent  it  would  have  been  so  expressed,  as  in  the 
old  law.  Independent  of  statute  the  rule  is  pretty  well  settled  by  the  courts  that  an 
official  cannot,  by  his  own  vote,  elect  himself  to  any  position.— Taggart,  Attorney 
General,  Sept.  2,  1887. 


GENERAL  SCHOOL  LAWS.  45 


of  the  board  for  the  purpose  herein  named,  shall  elect,  appoint 
and  employ  a  secretary  of  said  board  of  examiners.     The  judge 
of  probate  shall,  immediately  after  the  board  has  appointed  a 
secretary,  file  a  certified  statement  of  such  fact  with  the  county 
clerk,  and  said  county  clerk  shall  immediately  notify  the  person  Duty  of  comity 
appointed  as  secretary  of  his  appointment,  and  said  secretary  cl 
shall,  within  ten  days  after  receiving  notice  of  his  appointment, 
take  and  subscribe  the  constitutional  oath  of  office,  the  same  to  be 
filed  with  the  county  clerk.     He  shall  also  execute  a  bond  with  secretary  to 
two  sufficient  sureties,  to  be  approved  by  and  filed  with  the  county  e3 
clerk,  in  the  penal  sum  of  five  hundred  dollars,  conditioned  that 
he  will  faithfully  discharge  his  duties  according  to  law,  and 
faithfully  account  for  and  pay  over  to  the  proper  persons  all 
moneys  which  may  come  into  his  hands  by  reason  of  his  holding 
such  office ;  and  thereupon  the  county  clerk  shall  report  the  name 
and  postoffice  address  of  such  secretary  to  the  superintendent  of 
public  instruction,  and  said  secretary  shall  immediately  there- 
after enter  upon  the  duties  of  his  office.     The  secretary  of  the 
board  shall  be  ex  officio  a  member  and  the  executive  officer  of  the 
board  of  examiners  in  the  transaction  of  all  business  of  said  board, 
except  in  the  appointing  or  removing  from  office  of  the  secre- 
tary of  said  board.    The  school  examiner  elected  by  the  township  chairman  of 
chairman,  whose  term  of  office  shall  soonest  expire,  shall  be  the  bc 
chairman  of  the  board  of  examiners. k 

(§127.)  SEC.  3.  The  secretary  of  the  board  of  school  examiners,  Public  examma- 
for  the  purpose  of  examining  all  persons  who  may  offer  them- ti( 
selves  as  teachers  for  the  public  schools,  shall  hold  two  regular 
public  examinations   in  each   year   at  the   county  seat,  which 
examinations  shall  be  on  the  first  Thursday  of  March  and  August ; 
for  a  like  purpose,  said  secretary  shall  hold  not  to  exceed  six  special  exami- 
special  public  examinations  at  such  times  and  places  as  in  the  ns 
judgment  of  said  board  of  examiners,  the  interest  of  the  schools 
and  teachers  of  the  county  shall   require :  Provided,  That  first 
and  second  grade  certificates  shall  be  granted  only  at  the  regular 
public  examinations  provided   for   in   this  section:     Provided, 
further,  That  it  shall  be  the  duty  of  the  secretary  of  the  board  schedule  to  be 
of  school  examiners  to  make  out  a  schedule  of  the  times  and 
places  of  holding  special  examinations,  and  to  cause  it  to  be 
published  in  one  or  more  newspapers  of  the  county  at  least  ten 
days  before  each  special  examination,  and  he  shall  send  a  copy 
thereof   to   the   chairman   of  each    township   board   of  school 
inspectors  of  the  county,  at  least  ten  days  previous  to  the  time 
of  holding  any  special  examination." 

(§128.)  SEC.  4.  The  board  of  school  examiners  shall  meet  on 
the  Saturday  following  each  public  examination  held  by  the 
secretary,  and  shall  grant  certificates  to  teachers  in  such  form  as 
the  superintendent  of  public  instruction  shall  prescribe,  licens- 
ing as  teachers  all  persons  who  shall  have  attained  the  age  of 
sixteen  years,  who  have  attended  said  public  examination  and 

*  As  amended  by  Act  No.  266,  Public  Acts  of  1887. 


46  GENERAL  SCHOOL  LAWS. 

who  shall  be  found  qualified  in  respect  to  good  moral  character, 
learning  and  ability  to  instruct  and  govern  a  school ;    but  no 
certificate  shall  be  granted  to  any  person  who  shall  not  pass  a 
satisfactory  examination  in  orthography,  reading,  writing,  gram- 
mar, geography,  arithmetic,  theory  and  art  of  teaching,  United 
States  history,  civil  government,  and  physiology  and  hygiene 
with  particular  reference  to  the  effects   of  alcoholic   drinks, 
stimulants,  and  narcotics  upon  the  human  system.     All  certifi- 
cates shall  be  signed  by  the  secretary  and  chairman  of  said  board. 
a!uTiinbedtlegally  No  person  shall  be  considered  a  qualified  teacher  within  the 
teachers  to  be    meaning  of  the  school  law,  nor  shall  any  school  officer  employ  or 
contract  with  any  person  to  teach  in  any  of  the  public  schools 
who  has  not  a  certificate  in  force  granted  by  the  board  of  school 
examiners  of  the  county  or  other  lawful  authority:  Provided, 
That  all  examination  questions  shall  be  prepared  and  furnished 
be  furnished  by  by  the  superintendent  of   public  instruction  to  said  secretary 
S  pubhce£Jent  under  seal,  to  be  opened  before  the  applicants  for  certificates  on 

the  day  of  examination.11 

Grades  of  (§129.)  SEC.  5.    There  shall   be   three   grades   of  certificates 

certificates.       granted  by  the  board  of  school  examiners  in  its  discretion,  and 
subject  to  such  rules  and  regulations  as  the  superintendent  of 
public  instruction  may  prescribe,  which  grades  of  certificates 
First.  shall  be  as  follows:     The  certificate  of  the  first  grade  shall  be 

granted  only  to  those  who  shall  have  taught  at  least  one  year 
with  ability  and  success,  and  it  shall  be  valid  throughout  the 
State  for  three  years :  Provided,  That  no  first  grade  certificate 
shall  be  valid  in  any  county  other  than  that  in  which  it  was 
issued,  unless  a  copy  of  said  certificate  is  filed  with  the  secretary 
of  the  county  board  of  examiners  in  the  county  in  which  the 
holder  of  said  certificate  desires  to  teach.  The  certificate  of  the 
Second.  second  grade  shall  be  granted  only  to  those  who  shall  have  taught 

at  least  six  months  with  ability  and  success,  and  it  shall  be  valid 
throughout  the  county  for  which  it  shall  be  granted  for  two 
Third.  years.     The  certificate  of  the  third  grade  shall  license  the  holder 

thereof  to  teach  in  the  county  for  which  it  shall  be  granted  for 
proviso— special  one  year :     Provided,  That  the  secretary  of  the  board  of  school 
examiners  or  any  other  member  of  the  board  authorized  by  said 
secretary  shall  have  power,  upon  personal  examination  satisfac- 
tory to  himself,  and  subject  to  such  rules  and  regulations  as  the 
board  of  school  examiners  may  establish,  to  grant  special  certifi- 
cates, which  shall  license  the  holder  thereof  to  teach  in  a  specified 
ceniflcat8peclal  ^^8^c*  ^or  which  it  shall  be  granted  ;  but  such  certificate  shall 
not  continue  in  force  beyond  the  time  of  the  next  public  exami- 
nation and  it  shall  not  in  any  way  exempt  the  teacher  from  a  full 
second  special    examination:     Provided,  further,  That  in  case  the  holder  of  a 
tobe^nte?    special  certificate  does  not  appear  for  examination  before  the 
StheUboardSent  ^oar(^  a*  ^ne  nex^  public  examination  succeeding  the  date  of  such 
special  certificate,  a  second  special  certificate  shall  not  be  granted 
to  such  person  except  by  order  of  the  board  of  examiners,  nor 
shall  any  member  of  the  board  of  examiners,  unless  authorized 


GENERAL  SCHOOL  LAWS.  47 

by  the  board,  grant  a  special  certificate  to  any  person  who  at  a 
previous  examination  failed  to  secure  a  certificate.1" 

(§130.)  SEC.  6.  The  board  of  school  examiners  may  suspend  or  suspension  or 
revoke  any  teacher's  certificate  for  any  reason  which  would  have  SrSSStea!* 
justified  said  board  in  withholding  the  same  when  given — for  neg- 
lect of  duty,  for  incompetency  to  instruct  or  govern  a  school,  or 
for  immorality;  and  said  board  may,  within  its  jurisdiction,  sus- 
pend, for  immorality  or  incompetency  to  instruct  and  govern  a 
school,  the  effect  of  any  teacher's  certificate  that  may  have  been 
granted  by  other  lawful  authority :  Provided,  That  no  certificate  Proviso, 
shall  be  suspended  or  revoked  without  a  personal  hearing,  unless 
the  holder  thereof  shall,  after  reasonable  notice,  neglect  or  refuse 
to  appear  before  the  board  of  school  examiners  for  that  purpose." 

(§131.)  SEC.  7.  It  shall  be  the  duty  of  the  board  of  school  Examiners  and 
examiners  and  the  chairman  [chairmen]  of  the  board  [boards]  of  iSfHSSm^ 
school  inspectors  of  the  several  townships  to  hold  each  year  a  ins8  yearly, 
joint  meeting  at  the  county  seat  at  the  time  of  and  immediately 
after  the  annual  election  of  school  examiners,  for  the  purpose  of 
consulting  and  advising   with  reference   to   the   more   efficient 
supervision  of  the  schools  and  teachers  under  their  charge.     The 
chairman  of  the  board  of  school  examiners  shall  preside  at  such 
joint  meeting,  and  the  secretary  of  the  board  of  school  examiners 
shall  be  secretary  of  such  meeting.k 

(§132.)  SEC.  8.  Special  meetings  of  the  board  of  school  examin-  special  meet. 

,,     ,   ,    r  ,  -IT  ings  of  board 

ers  may  be  called  by  the  secretary  of  said  board,  as  hereinafter  of  examiners. 
provided,  and  at  any  meeting  of  the  board  of  school  examiners 
any  two  members  thereof  may  transact  any  business  that  may 
lawfully  come  before  such  meeting.  In  case  the  secretary  be  not 
present  at  any  meeting  of  the  board,  the  examiner,  acting  as 
secretary,  shall  certify  to  the  secretary  a  correct  record  of  the 
proceedings,  and  the  result  of  examinations  at  such  meeting.k 

(§133.)  SEC.  9.  It  shall  be  the  duty  of  the  secretary  of  the  Duties  of 
board  of  school  examiners : 

First,  Immediately  upon  his  qualification  as  secretary,  to  send 
notice  thereof  to  the  superintendent  of  public  instruction,  and 
to  the  chairman  of  each  township  board  of  school  inspectors 
of  the  county ; 

Second,  To  be  present  at  all  meetings  of  the  board,  and  to  Jf°bk0efter5records 
keep  a  record  of  all  proceedings  of  the  board ; 

Third,  To  keep  a  record  of  all  examinations  held  by  the  board, 
and  to  sign  all  certificates  and  other  papers  and  reports  issued  by 
said  board ; 

Fourth,  To  act  as  treasurer  of  the  board  for  the  purpose  of  TO  act  as  treas- 

.    .         ,  1       •       ,.,     i      «•  • -i     -i  -i       i  T  «          .1  urer  of  board. 

receiving  the  institute  fees  provided  by  law,  and  paying  the  same 
to  the  county  treasurer  once  in  each  month ; 

Fifth,  To  keep  a  record  of  all  certificates  granted,  suspended 
or  revoked  by  the  board,  showing  to  whom  issued,  together  with 
the  date,  grade  and  duration  of  each  certificate,  and  if  suspended 
or  revoked,  the  date  and  reason  therefor ; 

*  As  amended  by  Act  No,  266,  Public  Acts  of  1887. 


48  GENERAL  SCHOOL  LAWS. 

TO  furnish  net       sixth,  To  furnish,  previous  to  the  first  Monday  in  September 

teachers  to        in  each  year,  to  the  township  clerk   of  each  township   in   the 

township  clerks.  COuntv,  a  list  of  all  persons  legally  authorized  to  teach  in  the 

county  at  large,  and  in  such  township,  with  the  date  and  term 

of  each  certificate,  and  if  any  have  been  suspended  or  revoked, 

the  date  of  such  suspension  or  revocation ; 

TO  visit  each         Seventh,  To  visit  each  of  the  schools  in  his  county  at  least  once 

school  la  ,  T  .  nn.iT-Tn  T 

county.  each  year,  and  to  examine  carefully  the  discipline,  the  mode  of 

instruction,  and  the  progress  and  proficiency  of  the  pupils :  Pro- 

awistantnviBit    vided,  That  in  case  the  secretary  is  unable  to  visit  all  the  schools 

ora  when          of  the  county,  as  herein  required,  he  may,  with  the  approval  of 

the  other  members  of  the   board  of   examiners,   appoint    such 

assistant  visitors  as  may  be  necessary,  who   shall  perform  such 

duties  pertaining  to  the  visitation  and  supervision  of  schools  as 

said  secretary  shall  direct ; 

?eacherBSeetclth  Eighth,  To  counsel  with  the  teachers  and  school  boards  as  to 
the  courses  of  study  to  be  pursued,  and  as  to  any  improvement 
in  discipline  and  instruction  in  the  schools ; 

piansfffschooi-      Ninth,    To  note  the  condition  of  the  school-houses  and  the 
houses.  appurtenances  thereto,  and  to  suggest  plans  for  new  houses  to 

be  erected,  and  for  warming  and  ventilating  the  same,  and  for 
the  general  improvement  of  school-houses  and  grounds ; 
TO  advance  the       Tenth,  To  promote  by  such  means  as  he  may  devise,  subject  to 
schools!8  °        the  advice  of  the  board  of  school  examiners,  the  improvement  of 
the  schools  in  his  county  and  the  elevation  of  the  character  and 
qualifications  of  the  teachers  and  officers  thereof ; 

Ins  "tor?6          Eleventh,  To  receive  the  duplicate  annual  reports  of  the  sev- 
reports.  eral  boards  of  school  inspectors,  examine  into  the  correctness  of 

the  same,  requiring  them  to  be  amended  when  necessary,  indorse 
his  approval  upon  them  and  immediately  thereafter,  and  before 
the  first  day  of  November  in  each  year,  transmit  to  the  superin- 
tendent of  public  instruction  one  copy  of  each  of  said  reports 
and  file  the  other  copy  in  the  office  of  the  county  clerk ; 
annual  Twelfth,  To  be  subject  to  such  instructions  and  rules  as  the 
superintendent  of  public  instruction  may  prescribe;  to  receive 
all  blanks  and  communications  that  may  be  sent  to  him  by  the 
superintendent  of  public  instruction,  and  to  dispose  of  the  same 
as  directed  by  the  said  superintendent;  and  to  make  annual 
reports  at  the  close  of  the  school  year  to  the  superintendent  of 
public  instruction,  of  the  official  labor  performed  by  the  board 
of  school  examiners,  and  by  himself  and  of  the  general  condition 
and  management  of  the  schools  of  the  county,  together  with  such 
other  information  as  may  be  required  of  him ; 

Tliirteenth,  To  perform  such  other  duties  as  may  be  required 
of  him  by  law,  or  the  board  of  school  examiners,  and  at  the  close 
of  his  term  of  office,  to  deliver  all  records,  books  and  papers 
belonging  to  his  office  to  the  board  of  examiners. k 

minofboacrdalr"      (§134«)  SEC-  l®'  Jt  sha11  be <the  duty  of  the  chairman  of  the 
01  school   r       board  of  school  inspectors  of  each  township: 


inspectors. 


*  As  amended  by  Act  No.  366,  Public  Acts  of  1887. 


GENERAL  SCHOOL  LAWS.  49 


First,  To  have  general  supervisory  charge  of  the  schools  of  his 
township,  subject  to  such  advice  and  direction  as  the  secretary 
of  the  county  board  of  examiners  may  give ; 

Second,  To  notify  the  secretary  of  the  board  of  school  exam- 
iners of  any  school  within  his  township  that  is  not  being  con- 
ducted in  a  successful  and  profitable  manner; 

Third,  To  make  such  reports  of  his  official  labors,  and  the 
condition  of  the  schools  as  the  superintendent  of  public  instruc- 
tion may  direct,  or  the  board  of  school  examiners  request ; 

Fourth,  To  perform  such  other  duties  as  may  be  required  of 
him  by  law,  or  that  the  superintendent  of  public  instruction 
may  direct. k 

(§135.)  SEC.  11.    Each  member  of  the  board  of  school  examin-  compensation 
ers,  other  than  the  secretary,  shall  receive  four  dollars  for  each  of  examiners- 
day  actually  employed  in  the  duties  of  his  office.     The  compen-  compensation 
sation  of  the  secretary  of  the  board  of  examiners  shall  be  deter-  °* 
mined  by  the  board  appointing  him,  as  provided  for  in  section 
two  of  this  act :  Provided,  In  counties  having  thirty  districts  or  Proviso -com- 
less  such  compensation  shall  not  exceed  three  hundred  dollars  5mi8ted°n 
per  annum ;  in  counties  having  more  than  thirty  districts  such 
compensation  shall  be  not  to  exceed  at  the  rate  of  ten  dollars  for 
each  district  coming  under  the  provisions  of  this  act ;  but  in  no 
case  shall  the  salary  of  the  secretary  of  the  board  of  examiners 
be  more  than  fifteen  hundred  dollars  per  annum.     The  compen- 
sation of  any  assistant  visitor,  when  appointed  as  provided  in 
this  act,  shall  be  determined  by  the  board  of  school  examiners, 
but  in  no  case  shall  it  exceed  three  dollars  for  each  day:  Provided,  H°w  paid. 
That  the  number  of  days  so  employed  shall  not  exceed  thirty  in 
any  one  year,  necessarily  devoted  to  the  duties  required  of  him. 
The  compensation  of  each  member  of  the  board  of  school  exam- 
iners, including  the  secretary  and  any  assistant  visitor,  shall  be 
paid  quarterly  from  the  county  treasury,  upon  such  member  filing 
with  the  county  clerk  a  sworn  statement  of  his  account,  signed 
by  the  chairman  and  secretary  of  the  board  of  school  examiners, 
and  obtaining  an  order  from  the  county  clerk  upon  the  county 
treasurer  for  the  amount  of  such  account :  Provided,  That  in  no  ^J^***8" 
case  shall  the  secretary  of  the  board  of  examiners  receive  any  superintendent 
order  for  his  compensation  from  the  county  clerk  -until  he  has  instruction 
filed  a  certified  statement   from  the  superintendent  of  public  necessary, 
instruction  that  all  required  reports  have  been  properly  made 
and  filed  with  said  superintendent.     The  necessary  contingent 
expenses  of  the  board  of  examiners  for  printing,  postage,  sta- 
tionery, record  books  and  rent  of  rooms  for  public  examinations, 
shall  be  audited  and  allowed  by  the  board  of  supervisors  of  the 
county,  but  shall  in  no  county  exceed  the  sum  of  two  hundred 
dollars  per  annum,  but  no  traveling  fees  shall  be  allowed  to  the 
secretary  or  any  member  of  the  board  of  examiners  or  to  any 
assistant  visitor.     The  compensation  of  the  several  chairmen  of  compensation 
the  township  board  of  school  inspectors,  when  in  attendance  at  the  ££SSf™en 
annual  meeting  for  the  election  of  school  examiners  and  the  annual  inspectors, 
joint  meeting  with  the  board  of  school  examiners,  shall  be  the 


50  GENERAL  SCHOOL  LAWS. 

same  as  is  allowed  to  members  of  the  board  of  supervisors  of  the 
county,  and  when  performing  other  duties  required  of  him,  as 
provided  in  this  act,  the  same  as  is  allowed  to  school  inspectors 
by  law :  Provided,  Said  chairman  shall  not  receive  to  exceed  two 
dollars  for  each  school  district  in  the  township,  the  same  to  be 
audited  by  the  township  boards  of  their  respective  townships  and 
paid  as  other  expenses  of  the  township.k 

Removal  of  (§136.)  SEC.  12.  Any  member  of  a  board  of  school  examiners, 

office!1161  m  other  than  the  secretary,  may  be  removed  from  office  by  the  judge 
of  probate  of  the  county  for  immorality,  incompetency,  or  neglect 

Removal  of  of  duty.  The  secretary  of  the  board  of  examiners  may  be 
removed  for  like  causes  by  the  members  of  the  board  of  exam- 
iners selected  by  the  township  chairmen,  acting  jointly  with  the 
judge  of  probate;  but  no  member  of  such  board  of  school  exam- 
iners, nor  the  secretary,  shall  be  removed  from  office  without  an 
opportunity  to  answer  to  the  charges  made  against  him,  and  all 

miedncy' how  suck  cnarges  shall  be  made  in  writing.  Whenever,  by  death, 
resignation,  removal,  or  otherwise,  a  vacancy  shall  occur  in  the 
board  of  school  examiners  of  any  county,  other  than  in  the  office 
of  secretary,  the  judge  of  probate  of  such  county  shall  have 
power  to  fill  such  vacancy  until  the  first  Tuesday  in  August  after 
his  appointment,  at  which  time  an  examiner  shall  be  elected  to 
fill  the  unexpired  term  by  the  chairmen  of  the  boards  of  school 
inspectors  of  the  several  townships  in  the  county.  Whenever  a 
vacancy  occurs  in  the  office  of  secretary,  it  shall  be  filled  in  the 
same  manner  as  is  provided  for  the  appointment  of  secretary,  in 
section  two  of  this  chapter,  and  shall  be  for  the  unexpired  portion 
of  the  term  for  which  the  vacating  secretary  was  appointed.1" 

(§137.)  SEC.  13.  All  schools  which  by  special  enactment  may 
have  a  district  board  authorized  to  inspect  and  grant  certificates 
to  the  teachers  employed  by  the  same,  shall  be  exempt  from  the 
provisions  of  this  chapter  as  to  the  examination  and  licensing  of 
teachers.  The  officers  of  every  school  district  which  is  or  shall 
hereafter  be  organized  in  whole  or  in  part  in  any  incorporated 
city  in  this  State,  where  no  special  enactments  shall  exist  in 
regard  to  the  licensing  of  teachers,  shall  have  power  to  examine 
and  license,  or  cause  to  be  examined  and  licensed,  or  may  require 
the  county  board  of  examiners  to  examine  and  license,  teachers 
for  such  district,  and  such  license  shall  be  valid  not  to  exceed 
three  years.  All  city  schools  having  a  superintendent  employed 
by  their  respective  boards  of  education,  shall  be  exempt  from 
the  provisions  of  this  chapter,  as  to  the  examination  and  licens- 
ing of  teachers,  and  as  to  the  supervision  of  schools.  But  all 
such  schools  shall,  through  their  proper  officers,  make  such 
reports  as  the  superintendent  of  public  instruction  shall  direct. k 

k  As  amended  by  Act  No.  266,  Public  Acts  of  1887. 


GENERAL  SCHOOL  LAWS.  51 

CHAPTER  XIII. 

PENALTIES   AND    LIABILITIES. 

(§138.)  SECTION  1.  Any  taxable  inhabitant  of  a  newly  formed  1'enaityon 
district  receiving  the  notice  of  the  first  meeting,  who  shall 
neglect  or  refuse  duly  to  serve  and  return  such  notice,  and  every 
chairman  of  the  first  district  meeting  in  any  district,  who  shall 
willfully  neglect  or  refuse  to  perform  the  duties  en  joined  on  him 
in  this  act  shall  respectively  forfeit  the  sum  of  five  dollars. 

(§139.)  SEC.  2.  Any  person  duly  elected  to  the  office  of  mod- 
erator,  director,  assessor,  or  trustee  of  a  school  district,  who  shall 
neglect  or  refuse,  without  sufficient  cause,  to  accept  such  office  formSldiftie08.per" 
and  serve  therein,  or  who,  having  entered  upon  the  duties  of  his 
office,  shall  neglect  or  refuse  to  perform  any  duty  required  of  him 
by  virtue  of  his  office,  shall  forfeit  the  sum  of  ten  dollars. 

(§140.)  SEC.  3.  Any  person  duly  elected  or  appointed  a  school  Penalty  on 

r         i     11  i  <•  ',1         f        rv.    •  Inspector  for 

inspector,  who  shall  neglect  or  refuse,  without  sufficient  cause,  neglect  or 
to  qualify  and  serve  as  such,  or  who,  having  entered  upon  the  refusal- 
duties  of  his  office,  shall  neglect  or  refuse  to  perform  any  duty 
required  of  him  by  virtue  of  his  office,  shall  forfeit  the  sum  of 
ten  dollars. 

(§141.)  SEC.  4.  If  any  board  of  school  inspectors  shall  neglect  Liability  of 
or  refuse  to  make  and  deliver  to  the  township  clerk  their  annual  Sectin^to 
report  as  required  by  this  act,  within  the  time  limited  therefor,  reP°rt- 
they  shall  be  liable  to  pay  the  full  amount  of  money  lost  by  their 
failure,  with  interest  thereon,  to  be  recovered  by  the  township 
treasurer  in  the  name  of  the  township,  in  an  action  of  debt,  or 
on  the  case ;  and  if  any  township  clerk  shall  neglect  or  refuse  to  Liability  of 
transmit  the  report  herein  mentioned  within  the  time  limited  townshlp  clerk- 
therefor,  he  shall  be  liable  to  pay  the  full  amount  lost  by  such 
neglect  or  refusal,  with  interest  thereon,  to  be  recovered  in  an 
action  of  debt,  or  on  the  case. 

(§142.)  SEC.  5.  Any  county  clerk  wha  shall  neglect  or  refuse  Liability  of 
to  transmit  to  the  superintendent  of  public  instruction  the  reports 
required  by  this  act,  within  the  time  therefor  limited,  shall  be 
liable  to  pay  to  each  township  the  full  amount  which  such  town- 
ship, or  any  school  district  therein,  shall  lose  by  such  neglect  or 
refusal,  with  interest  thereon,  to  be  recovered  in  an  action  of 
debt,  or  on  the  case. 

( §143. )  SEC.  6.  All  the  moneys  collected  or  received  by  any  town- 
ship  treasurer  under  the  provisions  of  either  of  the  two  last  pre-  account  of  neg- 
ceding  sections,  shall  be  apportioned  and  distributed  to  the  school le 
districts  entitled  thereto,  in  the  same  manner  and  in  the  same 
proportion  that  the  moneys  lost  by  any  neglect  or  refusal  therein 
mentioned  would,  according  to  the  provisions  of  this  act,  have  been 
apportioned  and  distributed. 

(§144.)  SEC.  7.  Any  township  clerk  who  shall  neglect  or  refuse  "{J^Jciwk 
to  certify  to  the  supervisor  any  school  district  taxes  that  have  and  supervisor 
been  reported  to  him  as  required  by  this  act,  and  any  supervisor  S 


52 


GENERAL  SCHOOL  LAWS. 


when  township 

board  to  remove 

certain  officers, 


to°recordporderk 
for  removal.  er 


orSerVof  town- 
shipboard. 


willfully  neglecting  to  assess  any  such  tax  shall  be  liable  to  any 
district  for  any  damage  occasioned  thereby,  to  be  recovered  by 
the  assessor  in  the  name  of  the  district,  in  an  action  of  debt,  or 
on  the  case. 

(8145.)  SEC.  8.  The  township  board  of  each  township,  and  in 

.  ,   v  °  •   »         ,  •          i        i         i    •».•••  j  i        j  i  -i  •       i  t       »i 

the  case  of  fractional  school  districts,  the  township  board  of  the 
township  in  which  the  district  school-house  thereof  is  situated, 
snall  have  power  and  is  hereby  required  to  remove  from  office, 
upon  satisfactory  proof,  after  at  least  five  days'  notice  to  the  party 
implicated,  any  district  officer  or  school  inspector  who  shall  have 
illegally  used  or  disposed  of  any  of  the  public  moneys  entrusted 
to  his  charge,  or  who  shall  persistently  and  without  sufficient 
cause  refuse  or  neglect  to  discharge  any  of  the  duties  of  his  office. 
^n^  *IL  ca8e  °^  SUG^  removal  ^  shall  be  the  duty  of  the  township 
clerk  of  such  towship  to  enter  in  the  records  of  such  township 
the  resolution  or  order  of  such  board,  for  such  removal;  and  such 
record  of  such  resolution  or  order  so  entered,  or  a  certified  copy 
thereof,  shall  br  prima  facie  evidence  in  all  courts  and  places  of 
the  jurisdiction  of  such  board  and  of  the  regularity  of  the  proceed- 
Party  removed  ings  for  such  removal,  and  (unless  the  party  so  removed  shall, 
within  thirty  days  after  such  removal,  institute  proceedings  before 
a  court  °f  competent  jurisdiction  for  the  removal  of  such  order 
for  removal,  or  if  after  such  thirty  days  such  proceedings  to 
obtain  such  removal  shall  be  discontinued  or  dismissed)  shall  be 
conclusive  evidence  of  jurisdiction  and  regularity,  if  it  shall 
appear  that  the  party  so  removed  had  five  days'  notice  of  the  time 
and  place  fixed  by  said  board  for  the  hearing  of  the  case  as 
aforesaid. 

(§146.)  SEC.  9.  No  school  officer,  superintendent,  or  teacher  of 

,  va    ,      ',     ,,  i  T   i 

to  act  as  school  schools,  shall  act  as  agent  for  any  author,  publisher,  or  seller  of 
book  agents,      QQ^QQ}  books,  or  shall  directly  or  indirectly  receive  any  gift  or 
reward  for  his  influence  in  recommending  the  purchase  or  use  of 
any  library  or  school  book  or  school  apparatus,  or  furniture  what- 

J i       11  i  i       an  -L  -M          •      i  L     J      • 

ever,  nor  shall  any  school  officer  be  personally  interested  in  any 
Wa7  whatever  in  any  contract  with  the  district  in  which  he  may 
hold  office.  Any  act  or  neglect  herein  prohibited,  performed  by 
anv  such  officer,  superintendent,  or  teacher,  shall  be  deemed  a 
misdemeanor. 

(§147.)  SEC.  10.  All  provisions  of  this  act  shall  apply  and  be  in 
force  in  every  school  district,  township,  city  and  village  in  this 
State,  except  such  as  may  be  inconsistent  with  the  direct  pro- 
visions of  some  special  enactment  of  the  Legislature. 

(§148.)  SEC.  11.  Chapters  numbered  one  hundred  and  thirty-one, 
Qne  hun(jre(j  an(j  thirty-six,  one  hundred  and  thirty-seven,  and 
one  hundred  and  thirty-eight  of  the  compiled  laws  of  eighteen 
hundred  and  seventy-one,  and  act  numbered  forty-two  of  the 
session  laws  of  eighteen  hundred  and  seventy-five,  and  all  acts 
and  parts  of  acts  amendatory  of  said  chapters  and  said  act,  being 
acts  numbered  forty-one,  forty-two,  fifty-six,  and  sixty-three,  of 
the  session  laws  of  eighteen  hundred  and  seventy-two,  acts  num- 
bered forty-four,  sixty-nine,  seventy-one,  seventy-six,  ninety- 


school  officers 

and  teachers  not 


school  officers 
not  to  be  inter- 
ested  in  con- 

faTn  clsesl"* 
such  acts 

demeanor18 


where  this  act 
11  apply. 


chapters  and 
acts  repealed. 


GENERAL  SCHOOL  LAWS.  53 


eight,  one  hundred  and  nineteen,  one  hundred  and  thirty-two, 
one  hundred  and  sixty-four,  and  one  hundred  and  ninety-three 
of  the  session  laws  of  eighteen  hundred  and  seventy-three,  acts 
numbered  thirty-six,  fifty-one,  eighty-four,  ninety-four,  one 
hundred  and  six,  one  hundred  and  thirty-seven,  one  hundred 
and  eighty-three,  and  two  hundred  and  thirty  of  the  session  laws 
of  eighteen  hundred  and  seventy-five,  acts  numbered  seventy- 
seven  and  one  hundred  and  seventy-three  of  the  session  laws  of 
eighteen  hundred  and  seventy-seven,  acts  numbered  forty-four, 
forty-six,  one  hundred  and  fifty-nine,  one  hundred  and  sixty- 
four,  two  hundred  and  fifty-four,  two  hundred  and  fifty-five  and 
two  hundred  and  sixty-four  of  the  session  laws  of  eighteen  hun- 
dred and  seventy-nine,  and  all  other  acts  and  parts  of  acts 
contravening  the  provisions  of  this  act  are  hereby  fully  repealed. 


CHAPTER  XIV. 

Act  No.  158,  Laws  of  1881. 
ELECTION   OF  SCHOOL   INSPECTORS. 

(§149.)  SECTION  1.   The  People  of  the  State  of  Michigan  enact,  sections 
That  sections  eight  and  fourteen  of  chapter  twelve,  of  the  com-  8 
piled  laws  of  eighteen  hundred  and  seventy-one,  as  amended  by 
act  number  forty-two  of  the  session  laws  of  eighteen  hundred 
and  seventy-five,  are  hereby  amended,  and  section  thirteen  of  the 
same   chapter,   repealed   by  said   act,   is   hereby  restored   and 
amended,  and  section  one  hundred  and  three  of  the  same  chap- 
ter, as  amended  by  act  number  one  hundred  and  ninety-nine  of 
the  session  laws  of  eighteen  hundred  and  seventy-nine,  is  hereby 
amended,  all  of  said  sections  to  read  as  follows: 

(§150.)  SEC.  2.  The  annual  meeting  of  each  township  shall  be  Annual  meet- 
held  on  the  first  Monday  in  April,  in  each  year,  and  at  such 
meeting  there  shall  be  an  election  for  the  following  officers:  one  officers  to  be 
supervisor,    one    township    clerk,    one    treasurer,    one    school  el 
inspector,  one  commissioner  of  highways,  so  many  justices  of  the 
peace  as  there  are  by  law  to  be  elected  in  the  township,  and  so 
many  constables  as  shall  be  ordered  by  the  meeting,  not  exceed- 
ing four  in  number. 

(§151.)  SEC.  3.  Each  school  inspector  elected  as  aforesaid  shall  Term  of  office 
hold  his  office  for  two  years  from  that  time  and  until  his  successor  inspectors. 
shall   be   elected   and   duly  qualified,  except   when   elected   or 
appointed  to  fill  a  vacancy,  in  which  case  he  shall  hold  the  office  vacancy, 
during  the  unexpired  portion  of  the  regular  term :  Provided,  That  Proviso. 
in  the  year  eighteen  hundred  and  eighty-two  one  additional  school 
inspector  in  each  township  shall  be  elected  for  the  term  of  one 
year :  Provided,  further,  That  the  township  superintendent  of 
schools  and  school  inspectors  now  in  office  shall  continue  to  act 
as  school  inspectors,  and  said  superintendent  of  schools  shall  con- 
tinue to  act  as  chairman  of  the  board  of  school  inspectors  until 


GENERAL  SCHOOL  LAWS. 


Term  of  office. 


Who  eligible  to 
office. 


Proviso. 


the  school  inspectors  provided  for  by  this  act  shall  have  been 
elected  and  duly  qualified  and  shall  enter  upon  the  duties  of 
their  respective  offices. 

(§152.)  SEC.  4.  Each  of  the  officers  elected  at  such  meetings, 
except  justices  of  the  peace  and  school  inspectors,  shall  hold  his 
office  for  the  term  of  one  year,  and  until  his  successor  shall  be 
elected  and  duly  qualified. 

(§153.)  SEC.  5.  No  person,  except  an  elector,  as  aforesaid,  shall 
be  eligible  to  any  elective  office  contemplated  in  this  chapter: 
Provided,  however,  That  any  female  person  of  or  above  the  age 
of  twenty-one  years,  who  has  resided  in  this  State  three  months 
and  in  the  township  ten  days  next  preceding  any  election,  shall 
be  eligible  to  the  office  of  school  inspector. 


CHAPTER  XV. 

Act  No.  53,  Laws  of  1877. 

TEACHERS'  INSTITUTES. 

Examining  (§154.)  SECTION  1.   The  People  of  the  State  of  Michigan  enact, 

?eJt  feU  from     That  all  boards  or  officers  authorized  by  law  to  examine  applicants 

teachers.          for  certificates  of  qualification  as  teachers  shall  collect,  at  the 

time  of  examination,  from  each  male  applicant  for  a  certificate, 

an  annual  fee  of  one  dollar,  and  from  each  female  applicant  for 

a  certificate,  an  annual  fee  of  fifty  cents,   and  the  director  or 

secretary  of  any  school  board  that  shall  employ  any  teacher  who 

has  not  paid  the  fee  hereinbefore  provided,  shall  collect,  at  the 

time  of  making  contract,  from  each  male  teacher  so  employed, 

an  annual  fee  of  one  dollar,  and  from  each  female  teacher  so 

employed,  an  annual  fee  of  fifty  cents.     All  persons  paying  a  fee, 

as  required  by  this  section,  shall  be  given  a  receipt  for  the  same, 

and  no  person  shall  be  required  to  pay  said  fee  more  than  once 

in  any  school  year.1 

Fees  to  be  paid       (8155.)  SEC.  2.  All  such  fees  collected  by  the  director  or  secre- 

to  county  treas-  ,      vo     ,     '  .        ,  ,  ,      ,      .,  .  .  ,  J  . 

urer  qnarteriy.  tary  of  any  school  board  shall  be  paid  over  to  the  secretary  of  the 
county  board  of  school  examiners  of  the  county  in  which  they 
were  collected,  on  or  before  the  fifteenth  day  of  March,  June, 
September  and  December,  accompanied  by  a  list  of  those  persons 
from  whom  they  were  collected,  and  all  of  such  fees,  together 
with  all  those  that  shall  be  collected  by  the  county  board  of 
school  examiners,  shall  be  paid  over  by  the  secretary  of  said 
board  of  school  examiners  to  the  treasurer  of  the  county  in  which 
they  were  collected,  on  or  before  the  last  day  of  March,  June, 
September  and  December,  in  each  year,  accompanied  by  a  com- 
plete list  of  all  persons  from  whom  said  fees  were  collected ;  and 
a  like  list,  accompanied  by  a  statement  from  the  county  treasurer 

<§154.)  The  requirement  of  the  statute  applies  to  all  teachers,,  whether  applicants 
for  certificates,  or  employed  by  school  hoards,  save  that  but  one  fee  can  be  required 
for  any  one  year.— VanRiper,  Attorney  General,  March  21,  1884. 

1  As  amended  by  Act  No.  112,  Session  Laws  1883. 


GENERAL  SCHOOL  LAWS.  55 


that  said  fees  have  been  paid  to  him,  shall  be  sent  by  said  secre- 
tary to  the  superintendent  of  public  instruction.     All  moneys  Fees  so  paid  to 
paid  over  to  the  county  treasurer  as  provided  by  this  act  shall  be  tSSSSlPtoM. 
set  apart  as  a  teachers'  institute  fund,  to  be  used  as  hereinafter  tutefund- 
provided.™ 

(§156.)  SEC.  3.  The  superintendent  of  public  instruction  shall  Annual  county 
annually  appoint  a  time  and  place  in  each  organized  county  for  ln 
holding  a  teachers'  institute,  make  suitable  arrangements  there- 
for, and  give  due  notice  thereof:  Provided,  That  in  organized  Provl8°- 
counties  having  less  than  one  thousand  children  between  the 
ages  of  five  and  twenty  years,  the  holding  of  said  institute  shall 
be  optional  with  the  said  superintendent,  unless  requested  to 
hold  such  institute  by  fifteen  teachers  of  the  county  in  which 
such  institute  is  to  be  held:  Provided,  however,  That  if  there  Proviso, 
shall  not  be  a  sufficient  number  of  teachers  in  any  county  to 
make  such  request,   then  teachers  of  adjoining  counties   who 
desire  to  attend  such  institute  may  unite  in  the  required  applica- 
tion to  said  superintendent:  Provided,  also,  That  the  said  super-  Proviso, 
intendent  may,  in  his  discretion,  hold  an  institute  for  the  benefit 
of  two  or  more  adjoining  counties,  and  draw  the  institute  fund 
from  each  of  the  counties  thus  benefited,  as  hereinafter  pro- 
vided.1 

(§157.)  SEC.  4.  The  superintendent  of  uublic  instruction,  in  conductor  of 

..,.•,..  ,  ...  ,       Institute  may 

case  of  inability  personally  to  conduct  any  institute  or  to  make  be  appointed, 
the   necessary  arrangements  for  holding  the   same,  is  hereby 
authorized  to  appoint  some  suitable  person  for  that  purpose,  who 
shall  be  subject  to  the  direction  of  said  superintendent.     Every 
teacher  attending  any  institute  held  in  accordance  with  the  pro- 
visions of  this  act,  shall  be  given  by  the  superintendent  of  public 
instruction,  or  by  the  duly  appointed  conductor,  a  certificate 
setting  forth  at  what  sessions  of  said  institute  such  teacher  shall 
have  been  in  attendance,  and  any  teacher  who  shall  have  closed  cioseSoouo 
his  or  her  school  in  order  to  attend  said  institute  shall  not  forfeit  attend  institute, 
his  or  her  wages  as  teacher  during  such  time  as  he  or  she  shall 
have  been  in  attendance  at  said  institute,  and  the  certificate 
hereinbefore  provided  shall  be  evidence  of  such  attendance." 

(§158.)  SEC.  5.  For  the  purpose  of  defraying  the  expenses  of  fnxjjft^ee8  £ow 
rooms,  fires,  lights  or  other  necessary  charges,  and  for  procuring  pa8td.tut 
teachers  and  lecturers,  the  said  superintendent",  or  the  person 
duly  authorized  by  him  to  conduct  said  institute,  may  demand 
of  the  county  clerk  of  each  county  for  the  benefit  of  which  the 
institute  is  held,  who  shall  thereupon  draw  an  order  on  the 
county  treasurer  of  his  county  for  such  sum,  not  exceeding  the 
amount  of  the  institute  fund  in  the  county  treasury,  as  may  be 
necessary  to  defray  the  expenses  of  said  institute ;  and  the  treas- 
urer of  said  county  is  hereby  required  to  pay  over  to  said  super- 
intendent or  duly  appointed  institute  conductor,  from  the 
institute  fund  in  his  hands,  the  amount  of  said  order.1 

m  As  amended  by  Act  No.  112,  Session  Laws  1883. 

•  At>  amended  by  Act  No.  68,  Laws  of  1879. 

n  As  amended  by  Act  No.  112,  Session  Laws  of  1883. 


56 


GENERAL  SCHOOL  LAWS. 


May  draw  on 
State  treasurer, 
In  certain  cases. 


Yearly  State 
Institute. 


Expenses  to  be 
paid  from  State 
treasury. 


Proviso. 


Vouchers  for 
payments. 


Acts  repealed. 


(§159.)  SEC.  6.  In  case  the  institute  fund  in  any  county  shall  be 
insufficient  to  defray  the  necessary  expenses  of  any  institute  held  • 
under  the  provisions  of  this  act,  the  auditor  general  shall,  upon 
the  certificate  of  the  superintendent  that  he  has  made  arrange- 
ments for  holding  such  institute,  and  that  the  county  institute 
fund  is  insufficient  to  meet  the  expenses  thereof,  draw  his  war- 
rant upon  the  state  treasurer  for  such  additional  sum  as  said 
superintendent  shall  deem  necessary  for  conducting  such  insti- 
tute; which  sum  shall  not  exceed  sixty  dollars  for  each  institute 
of  five  days'  duration,  and  shall  be  paid  out  of  the  general  fund. 

(§160.)  SEC.  7.  The  superintendent  is  authorized  to  hold,  once 
in  each  year,  an  institute  for  the  State  at  large,  to  be  denominated 
a  State  institute ;  and  for  the  purpose  of  defraying  the  necessary 
expenses  of  such  institute,  the  auditor  general  shall,  on  the  cer- 
tificate of  said  superintendent  that  he  has  made  arrangements 
for  holding  such  institute,  draw  his  warrant  upon  the  state  treas- 
urer for  such  sum  as  said  superintendent  shall  deem  necessary 
for  conducting  such  institute,  which  sum  shall  not  exceed  four 
hundred  dollars,  and  shall  be  paid  out  of  the  general  fund :  Pro- 
vided, That  not  more  than  eighteen  hundred  dollars  shall  be 
drawn  from  the  treasury,  or  any  greater  liability  incurred  in  any 
one  year,  to  meet  the  provisions  of  this  act. 

(§161.)  SEC.  8.  The  superintendent  of  public  instruction,  or 
the  conductor  of  the  institute  by  him  appointed,  drawing  money 
from  the  county  treasurer,  under  section  five  of  this  act,  shall,  at 
the  close  of  each  institute,  furnish  to  the  county  treasurer, 
vouchers  for  all  payments  from  the  same  in  accordance  with  thi& 
act,  and  he  shall  return  to  the  county  treasurer,  whatever  of  the 
amount  that  may  remain  unexpended,  to  be  replaced  in  the  insti- 
tute fund. 

(§162.)  SEC.  9.  An  act  entitled  "  An  act  to  establish  teachers' 
institutes,"  approved  February  tenth,  eighteen  hundred  and 
fifty-five,  as  amended  by  act  two  hundred  and  thirty-nine,  session 
laws  of  eighteen  hundred  and  sixty-one,  being  compiler's  sections 
three  thousand  seven  hundred  and  eighty-nine,  three  thousand 
seven  hundred  and  ninety,  and  three  thousand  seven  hundred 
and  ninety-one  of  the  compiled  laws  of  eighteen  hundred  and 
seventy-one,  are  hereby  repealed. 


Of  the  normal 
school. 


Proviso. 


CHAPTER  XVI. 

From  Act  No.  194,  Laws  of  1889. 
NORMAL   SCHOOL   DIPLOMAS   AND    CERTIFICATES. 

(§163.)  SECTION  3.  The  State  board  of  education  shall  con- 
tinue the  normal  school  at  Ypsilanti  in  the  county  of  Washtenaw, 
where  it  is  now  located.  The  purpose  of  the  normal  school  shall 
be  the  instruction  of  persons  in  the  art  of  teaching,  and  in  all 
the  various  branches  pertaining  to  the  public  schools  of  the  State 
of  Michigan  :  Provided,  There  shall  be  prescribed  for  said  school 


GENERAL  SCHOOL  LAWS.  57 


a  course  of  study  intended  specially  to  prepare  students  for  the 
rural  and  the  elementary  [graded]  schools  of  this  State,  which 
shall  provide  not  less  than  twenty  weeks  of  special  professional 
instruction. 

(§164.)  SEC.  5.  Said  board  shall  provide  all  necessary  courses  course  of  study, 
of  study  to  be  pursued  in  the  normal  school  and  establish  and  etc!nln 
maintain  in  connection  therewith  a  fully  equipped  training  school 
as  a  school  of  observation  and  practice,  and  shall  grant,  upon  the 
completion  of  either  of  said  courses,  such  diplomas  as  it  may  Diplomas. 
deem  best,  and  such  diploma,  when  granted,  shall  carry  with  it 
such  honors  as  the  extent  of  the  course  for  which  the  diploma  is 
givtn  may  warrant  and  said  board  of  education  may  direct. 

(§165.)  SEC.  6.  Upon  the  completion  of  the  course  specially  certificate  to 
prescribed,  as  hereinbefore  provided  for  the  rural  and  elementary  grante^hte°m 
graded  schools,  said  board  of  education  shall  upon  the  recom- of' etc- 
mendation  of  the  principal  and  a  majority  of  the  heads  of  the 
departments  of  said  school,  grant  a  certificate  which  shall  be 
signed  by  said  board  and  the  principal  of  tke  normal  school, 
which  certificate  shall  contain  a  list  of  the  studies  included  in 
said  course,  and  which  shall  entitle  the  holder  to  teach  in  any  of 
the  schools  of  the  State  for  which  said  course  has  been  provided 
for  a  period  of  five  years :  Provided,  That  said  certificate  may  be  Pr°vtso. 
suspended  or  revoked  by  said  State  board  of  education  upon  cause 
shown  by  any  county  board  of  examination,  or  by  any  board  of 
school  officers. 

(§166.)  SEC.  7.  Upon  the  completion  of  either  of  the  advanced  Life  certificates, 
courses  of  study  prescribed  by  said  State  board,   which  shall  ^nt 
require  not  less  than  four  years  for  their  completion,  said  board 
of  education,  upon  the  recommendation  of  the  principal  and  a 
majority  of  the  heads  of  departments  of  said  school,  shall  issue  a 
certificate  to  the  person  completing  said  course,  which  certificate 
shall  be  referred  to  in  the  deploma  hereinbefore  provided  to  be 
granted.     Said  certificate  shall  set  forth  a  list  of  the  studies  of  Maybe 
the  course  completed  and,  when  given,  shall  operate  as  a  life  re 
certificate,  unless  revoked  by  said  State  board  of  education. 

(§167.)  SEC.  8.  The  board  of  education  shall  make  such  regula-  Admission  of 
tions  for  the  admission  of  pupils  to  said  school  as  it  shall  deem  pl 
necessary  and  proper:   Provided,  That  the  applicant  shall,  before  Proviso, 
admission,  sign  a  declaration  of  intention  to  teach  in  the  schools 
in  this  State. 

CHAPTER   XVII. 

From  Act  No.  194,  Laws  of  1889. 
STATE    CERTIFICATES   TO   TEACHERS. 

(§168.)  SEC.  15.    Said  board  shall  hold  at  least  two  meetings  Board  t^gmnt^ 
each  year,  at  which  they  shall  examine  teachers,  and  grant  cer-  ce 
tificates  to  such  as  have  taught  in  the  schools  of  the  State    at 
least  two  years  and  who  shall,  upon  a  thorough   and  critical 
examination  in  every  study  required  for  such  certificate,  be  found 


58 


GENERAL  SCHOOL  LAWS. 


Fr»Yiso. 


to  possess  eminent  scholarship,  ability,  and  good  moral  character<- 
Such  certificate  shall  be  signed  by  the  members  of  said  board  and 
be  impressed  with  its  seal  and  shall  entitle  the  holder  to  teach  in 
any  of  the  public  schools  of  this  State  without  further  examina-^ 
tion,  and  shall  be  valicj  for  life  unless  revoked  by  said  board. 
No  certificate  shall  be  granted  except  upon  the  examination 
herein  prescribed :  Provided,  That  graduates  of  the  literary  and 
scientific  departments  of  the  university  and  of  incorporated 
colleges  of  the  State,  shall  not  be  required  to  teach  as  a  prelimi- 
nary to  taking  such  examination  and  certificate. 


CHAPTER   XVIII. 

Act  No.  117,  Laws  of  1855. 
TEACHEBS'    ASSOCIATIONS. 


Fifteen  or  more 
teachers  may 
form  corpora- 
tion. 


Notice  to  be 
published. 


vjonstitutlon, 
where  filed. 

May  hold 
property. 

Restrictions 
upon  its  use. 


Privileges  and 
liabilities  of 
corporations. 


(§169.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact  r 
Any  fifteen  or  more  teachers,  or  other  persons  residing  in  this- 
State,  who  shall  associate  for  the  purpose  of  promotiog  education 
and  science,  and  improvements  in  the  theory  and  practice  of 
teaching,  may  form  themselves  into  a  corporation,  under  such 
name  as  they  may  choose,  providing  they  shall  have  published, 
in  some  newspaper  printed  at  Lansing,  or  in  the  county  in  which 
such  association  is  to  be  located,  for  at  least  one  month  previous, 
a  notice  of  the  time,  place,  and  purpose  of  the  meeting  for  such 
association,  and  shall  file  in  the  office  of  the  Secretary  of  State  a 
copy  of  the  constitution  and  by-laws  of  said  association. 

(§170.)  SEC.  2  Such  association  may  hold  and  possess  real  and 
personal  property  to  the  amount  of  five  thousand  dollars;  but 
the  funds  or  property  thereof  shall  not  be  used  for  any  other 
purpose  than  the  legitimate  business  of  the  association  in  secur- 
ing the  objects  of  its  corporation. 

(§171.)  SEC.  3.  Upon  becoming  a  corporation,  as  hereinbefore 
provided,  they  shall  have  all  the  powers  and  privileges,  and  be  sub- 
ject to  all  the  duties  of  a  corporation,  according  to  the  provisions 
of  chapter  fifty-five  of  the  Revised  Statutes  of  this  State  [Chap. 
130,  Compiled  Laws  of  1871],  so  far  as  such  provisions  shall  be 
applicable  in  such  case,  and  not  inconsistent  with  the  provisions 
of  this  act. 


CHAPTER  XIX. 

Act  No.  131,  Laws  of  1875. 
SAFE  KEEPING  OF  PUBLIC  MONEYS. 


"Pnblic  mon- 
eys" defined. 


(§172.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  all  moneys  which  shall  come  into  the  hands  of  any  officer 
of  the  State,  or  of  any  officer  of  any  county,  or  of  any  township, 
school  district,  highway  district,  city -or  village,  or  of  any  other 


GENERAL  SCHOOL  LAWS.  59 

municipal  or  public  corporation  within  this  State,  pursuant  to 
any  provision  of  law  authorizing  such  officer  to  receive  the  same, 
shall  be  denominated  public  moneys  within  the  meaning  of 
this  act. 

(§173.)  SEC.  2.  It  shall  be  the  duty  of  every  officer  charged  with  Public  moneys 
the  receiving,  keeping,  or  disbursing  of  public  moneys  to  keep  rJte^roTaii1*" 
the  same  separate  and  apart  from  his  own  money,  and  he  shall  otherfundft- 
not  commingle  the  same  with  his  own  money,  nor  with  the  money 
of  any  other  person,  firm,  or  corporation. 

(§174.)  SEC.  3.  No  such  officer  shall,  under  any  pretext,  useHowused' 
nor  allow  to  be  used,  any  such  moneys  for  any  purpose  other  than 
in  accordance  with  the  provisions  of  law ;  nor  shall   he  .use  the 
same  for  his  own  private  use,  nor  loan  the  same  to  any  person, 
firm,  or  corporation  without  legal  authority  so  to  do. 

(§175.)  SEC.  4.  In  all  cases  where  public  moneys  are  authorized  interest  on  pu*. 
to  be  deposited  in  any  bank,  or  to  be  loaned  to  any  individual,  conSifutlfa0 
firm  or  corporation,  for  interest,  the  interest  accruing  upon  such  seneral  fund- 
public  moneys  shall  belong  to  and  constitute  a  general  fund  of 
the  State,  county,  or  other  public  or  municipal  corporation,  as 
the  case  may  be. 

(§176.)  SEC.  5.  In  no  case  shall  any  such  officer,   directly  or  officers  not  to 
indirectly,  receive  any  pecuniary  or  valuable  consideration  as  an 
inducement  for  the  deposit  of  any  public  moneys  with  any  par- 
ticular  bank,  person,  firm  or  corporation.  bank,  etc. 

(§177.)  SEC.  6.  The  provisions  of  this  act  shall  apply  to  •USStffSfSf^ 
deputies  of  such  officer  or  officers,  and  to  all  clerks,  agents,  and  to deputles?et£ 
servants  of  such  officer  or  officers. 

(§178.)  SEC.  7.  Any  person  guilty  of  a  violation  of  any  of  the  Penalty 
provisions  of  this  act  shall,  on  conviction  thereof,  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars,  or  imprisonment  in  the 
county  jail  not  exceeding  six  months,  or  both  such  fine  and  impris- 
onment in  the  discretion  of  the  court:  Provided,  That  nothing  Proviso. 
in  this  act  contained  shall  prevent  a  prosecution  under  the  gen- 
eral statute  for  embezzlement  in  cases  where  the  facts  warrant  a 
prosecution  under  such  general  statute. 

(§179.)  SEC.  8.  Any  officer  who  shall  willfully  or  corruptly  draw 
or  issue  any  warrant,  order,  or  certificate  for  the  payment  of  of 
money  in  excess  of  the  amount  authorized  by  law,  or  for  a  pur- 
pose not  authorized  by  law,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  may  be  punished  as  provided  in  the  preceding 
section. 

CHAPTER  XX.* 

Act  No.  144,  Laws  of  1883,  as  amended  by  Act  No.  108,  Laws  of  1885. 
COMPULSORY    EDUCATION   OF   CHILDREN. 

(§180.)  SECTION  1.   The  People  of  the  State  of  Michigan  enact,  a 
That  every  parent,  guardian,  or  other  person  in  (the  State  of  «>  send  ch'ndrea 

*  Act  No.  144,  Session  Laws  of  1P83,  consisted  of  thirteen  sections.  Act  No.  108,  Ses- 
sion Laws  of  1885,  repealed  sections  six,  seven,  eight,  nine,  tt-n,  and  elevt-n,  leaving 
but  seven  sections  in  force.  Sections  six  and  seven  of  the  above  chapter  are  numbered 
twelve  and  thirteen  in  the  Act  as  passed  at  the  legislative  session  of  1883.  (See  Chap- 
ter XXI  of  this  volume.) 


60  GENERAL  SCHOOL  LAWS. 

Michigan,  having  control  and  charge  of  any  child  or  children 
between  the  ages  of  eight  and  fourteen  years,  shall  be  required 
to  send  such  child  or  children  to  a  public  school  for  a  period 
of  at  least  four  months  in  each  school  year,  commencing  on  the 
first  Monday  of  September  in  the  year  eighteen  hundred  and 
eighty-three,  at  least  six  weeks  of  which  shall  be  consecutive, 
unless  such  child  or  children  are  excused  from  such  attendance 
by  the  board  of  the  school  district  in  which  such  parents  or 
guardians  reside,  upon  its  being  shown  to  their  satisfaction  that 
his  bodily  or  mental  condition  has  been  such  as  to  prevent  his 
attendance  at  school,  or  application  to  study  for  the  period 
required,  or  that  such  child  or  children  are  taught  in  a  private 
school,  or  at  home,  in  such  branches  as  are  usually  taught  in 
primary  schools,  or  have  already  acquired  the  ordinary  branches 
proviso.  of  learning  taught  in  public  schools :  Provided,  In  case  a  public 

school  shall  not  be  taught  for  four  months  during  the  year  within 
two  miles,  by  the  nearest  traveled  road,  of  the  residence  of  any 
person  within  the  school  district,  he  shall  not  be  liable  to  the 
provisions  of  this  act. 

children  cannot  (§181.)  SEC.  2.  No  child  under  the  age  of  fourteen  years  shall 
uboSa*  ertain  be  employed  by  any  person,  company  or  corporation,  to  labor  in 
cases.  anv  business>  unless  such  child  shall  have  attended  some  public 

or  private  day  school  where  instruction  was  given  by  a  teacher 
qualified  to  instruct  in  such  branches  as  are  usually  taught  in 
primary  schools,  at  least  four  months  of  the  twelve  months  next 
preceding  the  month  in  which  such  child  shall  be  so  employed : 
proviso.  Provided*  That  a  certificate  from  the  director  of  the  school  dis- 

trict in  which  such  child  shall  have  attended  school  shall  be 
evidence  of  a  compliance  with  the  provisions  of  this  act." 
cniidreu  unem-  (§182.)  SEC.  3.  Every  parent,  guardian,  or  other  person,  hav- 
schoof. to a"end  iQg  charge  or  control  of  any  child  from  eight  to  fourteen  years 
of  age,  who  has  been  temporarily  discharged  from  any  business  or 
employment,  shall  send  such  child  to  some  public  or  private  day 
school  for  the  period  for  which  such  child  shall  have  been  dis- 
charged, unless  such  child  shall  have  been  excused  from  such 
attendance  by  the  board  of  the  school  district,  for  reasons  as 
stated  in  section  one  hereof. 

District  board  (§183.)  SEC.  4.  It  shall  be  the  duty  of  the  school  district  board 
b°oksnls  :"  of  each  district  of  the  State  to  purchase  and  furnish,  at  the 
expense  of  the  district,  such  text-books  as  may  in  the  judgment 
of  said  board  be  necessary  for  the  use  of  children  whose  parents 
are  not  able  to  furnish  the  same,  the  expense  of  such  books  to  be 
levied  in  like  manner  as  other  district  taxes. 

Penalty  for  non-      (§184.)  SEC.  5.  In  case  any  parent,  guardian,  or  other  person 

for^goianngce  *  th  shall  fail  to  comply  with  the  provisions  of  sections  two,  three,  or 

four  of  this  act,  such  parent,  guardian,  or  other  person  shall  be 

deemed  guilty  of  a  misdemeanor,  and  shall,  on  conviction,  be 

liable  to  a  fine  of  not  less  than  five  dollars  nor  more  than  ten 

dollars  for  the  first  offense,  and  of  not  less  than  ten  dollars  for 

ach  subsequent  offpnse.a 

a  See  Chapter  XXII  of  this  volume. 


GENERAL  SCHOOL  LAWS.  61 


(§185.)  SEC.  6.  It  shall  be  the  duty  of  the  officers  detailed  or  Truant  officers 
appointed  under  the  provisions  of  this  act  to  assist  in  the  enforce-  SsfuutYpn? 
ment  thereof,  to  institute,  or  cause  to  be  instituted,  proceedings  ceedlnes- 
against  any  parent,  guardian,  or  other  person  having  legal  charge 
and  control  of  any  child,  or  any  person,  company,  or  corporation, 
violating  any  of  the  provisions  of  sections  one,  two,  three,  four, 
and  five  of  this  act ;  and  in  school  districts  and  cities,  and  villages 
of  less  than  five  thousand  inhabitants,  it  shall  be  the  duty  of  the 
school  board  to  institute,  or  cause  to  be  instituted,  such  proceed- 
ings.* 

(8186.)  SEC.  7.  When  any  of   the   provisions   of   this   act   are  Proceedings 

•  •    x    a   I  j.-  J-  T-T-J  •  may  be  had 

violated  by  a  corporation,  proceedings  may  be  had  against  any  against  officers 
of  the  officers  or  agents  of  said  corporation,  who  in  any  way  of  corP°ratlon8- 
participate  in  or  are  cognizant  of  such  violation  by  the  corpora- 
tion of  which  they  are  the  officers  or  agents,  and  said  officers  or 
agents  shall  be  subject   to   the   same   penalties   as  individuals 
similarly  offending.* 

CHAPTER   XXI. 

Act  Xo.  108,  Laws  of  1885,  as  amended  by  Act  No.',2l8,  Public/Acts  of  1889. 

COMPULSORY    REFORMATORY    EDUCATION    OF    JUVENILE    DISOR- 
DERLY   PERSONS. 

(§187.)  SECTION  1.  In  all  cities,  villages  and.  townships  in  this  Jjj£™g^!aybe 
State  maintaining  and  supporting  a  graded  school,  the  board  of  established  in 
education,  school  board  or  other  officer  or  officers  having  charge  J2?3£.m11 
of  the  schools  of  said  cities,  villages  and  townships  may  establish 
one  or  more  ungraded  schools  for  the  instruction  of  certain  chil- 
dren, as  defined  and  set  forth  in  the  following  sections,  and  they  Attendance  on 
may,  through  their  authorized  agents  or  officers,  require  said  8C 

children  to  attend  said  ungraded  schools  or  any  department  of 
their  graded  schools,  as  said  [board]  of  education  or  school  board 
may  designate,  during  the  whole  or  a  portion  of  each  school  day, 
as  they  may  direct. 

(§188.)  SEC.  2.  In  all  cities  having  a  duly  organized  police 
force,  it  shall  be  the  duty  of  the  police  authority,  at  the  request 
of  the  school  authority,  to  detail  one  or  more  members  of  said 
force  to  assist  in  the  enforcement  of  this  act;  and  in  cities,  vil- 
lages, or  townships  having  no  regular  police  force,  it  shall  be 
the  duty  of  the  board  of  education,  or  the  school  district  officers, 
to  designate  the  marshal  of  such  city,  or  village,  or  one  or  more 
constables  of  said  city,  village  or  township,  whose  duty  it  shall 
be  to  assist  in  the  enforcement  of  this  act,  as  occasion  may 
require,  and  board  of  education  or  school  board  shall  fix  and 
determine  the  compensation  to  be  paid  such  officer  for  the  per- 
formance  of  his  duties  under  this  act,  and  shall  pay  the  same  of  education. 

*  Act  No.  144,  Session  Laws  of  J883,  consisted  of  thirteen  sections.    Act  No.  108,  Ses 
sion  Laws  of  1885,  repealed  sections  six,  seven,  eight,  nine,  ten,  and  eleven,  leaving 
but  seven  sections  in  force.  Sections  six  and  seven  of  the  above  chapter  are  numbered 
twelve  and  thirteen  in  the  Act  as  passed  at  the  legislative  session  of  1883.  (See  Chap- 
ter XXI  of  this  volume.) 


62 


GENERAL  SCHOOL  LAWS. 


who  shaii  be 


Truant  officers 


from  any  moneys  in  their  hands  raised  or  provided  for  the  gen- 
eral expenses  of  the  public  schools.  Members  of  any  police 
force,  marshal,  or  constable  designated  to  assist  in  the  enforce- 
ment of  this  act,  as  provided  in  this  section,  shall  be  known  as 
truant  officers. 

r~  (§189.)  SEC.  3.  The  following  classes  of  persons  between  the 
ages  of  eight  and  sixteen  years  shall  be  deemed  juvenile  disor- 
derly  persons,  and  shall  be  subject  to  the  provisions  of  this  act: 

Class  One,  Habitual  truants  from  any  school  in  which  they  are 
enrolled  as  pupils  ; 

Class  Two,  Children  who,  while  attending  any  public  school, 
are  incorrigibly  turbulent,  disobedient,  or  insubordinate,  or  are 
vicious  or  immoral  in  conduct  ; 

Class  Three,  Children  who  are  not  attending  any  school,  and 
who  habitually  frequent  streets  and  other  public  r>laces,  having 
no  lawful  business,  employment,  or  occupation,  which  renders 
attendance  at  school  impossible. 

(§190.)  SEC.  4.  It  shall  be  the  duty  of  the  truant  officers, 
under  the  direction  of  the  SfoTBsaid  school  authorities,  or  their 
authorized  agents,  to  warn  alleged  truants  and  incorrigibles,  and 
their  parents  or  guardians,  of  the  consequences  of  belonging  to 
any  of  said  classes  of  juvenile  disorderly  persons,  as  set  forth  and 
defined  in  this  act.  They  shall  also,  under  direction  as  afore- 
said, serve  written  or  printed  notice  upon  the  parent  or  guardian 
of  any  child  belonging  to  class  one,  or  to  class  two,  as  described 
and  defined  in  section  three  of  this  act,  that  such  child  must 
begin  regular  attendance  at  such  school  within  five  days  of  the 
date  of  service  of  such  notice, 

(§191.)  SEC.  5.  They  shall  also  under  direction,  as  aforesaid, 
^.^  wrjtten  or  printed  notice  to  the  parent  or  guardian  of  any 
child  belonging  to  class  three,  as  described  and  defined  in  section 
three  of  this  act,  that  said  child  is  not  attending  any  school  and 
require  said  parent  or  guardian  to  cause  said  child  to  begin  reg- 
ular attendance  at  such  school  within  five  days  of  the  date  of  the 
service  of  said  notice. 

Truant  officer  to  (§192.)  SEC.  6.  If  said  parent  or  guardian,  or  other  person 
having  the  legal  charge  and  control  of  said  child  shall  willfully 
refuse,  fail,  or  neglect  to  cause  said  child  to  attend  such  school, 
after  notice  given,  as  prescribed  in  sections  four  and  five  of  this 
act,  it  shall  be  the  duty  of  said  officer  to  make  or  cause  to  be 
made  a  complaint  against  said  parent,  guardian,  or  other  person 
having  the  legal  charge  and  control  of  such  child,  before  a  jus- 

,  .  ,  .          , 

tice  of  the  peace  in  the  city,  village  or  township  where  the  party 
resides,  except  in  cities  having  a  recorder's  or  police  court,  when 
complaint  shall  be  made  in  said  recorder's  or  police  court,  for 
such  refusal  or  neglect,  and  said  justice  of  the  peace,  police 
judge,  or  recorder's  court  shall  issue  a  warrant  upon  said  com- 
plaint and  shall  proceed  to  hear  and  determine  the  same,  and 
upon  conviction  thereof  said  parent,  guardian,  or  other  person, 
as  the  case  Tnay  be,  shall  be  pnnishprl  bv  a  finp  not  IPR«  than  ten 


Truant  officer  to 
notify  parent, 


what  courts 

shallhave  Juris 

diction. 


*See  Chapter  XXII  of  this  volume. 


GENERAL  SCHOOL  LAWS.  63 


dollars,  nor  more  than  twenty-five  dollars,  or  the  court  may  in  its  Penalty 
discretion,  require  the  person  so  convicted  to  give  a  bond  in  the  lmp°8ed- 
penal  sum  of  one  hundred  dollars  with  one  or  more  sureties  to 
be  approved  by  said  court,  conditioned  that  said  person  so  con- 
victed shall  cause  the  child  or  children  under  his  legal  charge  or 
control,  to  attend  at  such  school  within  five  days  thereafter,  and 
to  remain  at  said  school  during  a  full  school  term  of  twenty 
school  weeks,  dating  from  time  of  beginning  of  said  attendance : 
Provided,  That  if  said  parent  or  guardian,  or  other  person  in  when  parent,, 
charge  of  said  child  shall  under  oath  plead  inability  to  cause  said  discharge^6 
child  to  attend  said  school,  then  said  parent  or  guardian  or  other 
person   shall   be  discharged,  and  said  justice  of  the  peace,  or 
court  shall,  upon  complaint  of  said  truant  officer,  or  other  person 
that  said  child  is  a  juvenile  disorderly  person,  as  described  in 
section  three  of  this  act,  issue  a  warrant  and  proceed  to  hear 
such  complaint,  and  if  said  justice  of  the  peace  or  court  shall  orde^ypefson 
determine  that  said  child  is  a  juvenile  disorderly  person  within  to  be  sentenced 
the  meaning  of  this  act,  then  said  justice  of  the  peace  or  court  o°  [ndu^ria?100 
shall  thereupon,  and  after  consultation  with  the  county  agent,  home  fov  gtrls- 
sentence  said  child,  if  a  boy,  to  the  reform  school  at  Lansing,  or 
if  a  girl,  to  the  industrial  home  for  girls  at  Adrian,  as  the  case 
may  be,  for  one  year  or  for  a  longer  term,  not  extending  beyond 
the  time  when  said  child  shall  arrive  at  the  age  of  sixteen  years, 
unless  sooner  discharged  by  the  board  of  control  of  said  reform 
school,  or  industrial  home  for  girls :    Provided  however,    That  court  may  sus. 

,     ,    P     , ,        ,.  ..  «»ii  •  -i    •          pend  sentence 

such  sentence  may  be  suspended  in  the  discretion  of  the  said  jus-  m  certain  cases. 
tice  of  the  peace,  police  judge,  or  judge  of  the  recorder's  court,  for 
such  time  as  said  child  shall  regularly  attend  school,  and  prop- 
erly deport  himself  or  herself:  If  is  further  provided,  That  if 
for  any  cause  the  parent  or  guardian,  or  other  person  having 
charge  of  any  juvenile  disorderly  person,  as  defined  in  this  act, 
shall  fail,  after  notice  as  heretofore  prescribed  in  this  act,  to 
cause  such  juvenile  disorderly  person  to  attend  said  school,  or  if 
such  parent,  guardian,  or  other  person  shall  make  the  complaint 
as  provided  in  this  act  without  proceedings  having  been  taken 
against  him  as  in  this  act  provided,  or  if  said  juvenile  disorderly 
person  have  no  parent  or  guardian  then  complaint  against  such 
juvenile  disorderly  person  may  be  made,  heard,  tried,  and 
determined  in  the  same  manner  as  is  provided  for  in  case  the 
parent  pleads  inability  to  cause  said  juvenile  disorderly  person 
to  attend  said  school:  And  it  is  further  provided,  That  no  child  gnu^8unD0dte[0 
under  the  age  of  ten  years  shall  be  sent  to  the  reform  school,  or  be  sentenced, 
industrial  home  for  girls. 

(§193.)  SEC.  7.  When  it  appears  to  the  school  authorities  that  ^Jjgj^^ 
the  parent,  guardian,  or  other  person  is  unable  to  provide  suitable  books  for  cer- 
books  for  said  child,  said  child  shall  be  furnished  by  the  school ta 
board  with  such   books  as  are  required  in  the  course  of  studies 
pursued  in  such  school,  and  said  books  shall  be  the  same  in  all 
respects  as  those  in  use  in  other  schools  in  said  city,  village,  or 
township  and  no  distinction  in  form,  color,  labeling,  or  substance 
shall  be  permitted.     The  expense  of  said  books  shall  be  paid  for 


64  GENERAL  SCHOOL  LAWS. 


from  the  school  fund  of  said  municipality  and  levied  and  collected 
in  the  same  manner  as  all  other  school  taxes. 

certain  existing  (§194  )  SEC.  8.  It  is  further  provided  that  the  provisions  of  act 
n^ap^icabieto  number  one  hundred  and  forty-four  of  the  public  acts  of  eighteen 
providJdforTn8  htmclred  and  eighty-three,  entitled  "An  act  to  provide  for  the 
this  act.  compulsory  education  of  children  in  certain  cases,"  approved 

May  thirty-first,  eighteen  hundred  and  eighty-three,  limiting 
such  compulsory  education  to  a  period  not  exceeding  four  months 
in  any  one  year  shall  not,  so  far  as  said  limitation  is  concerned, 
cemit^sections  have  any  application  to  the  class  of  juvenile  disorderly  persons 
provided  for  in  this  act.  It  is  also  provided  that  sections  six, 
seven,  eight,  nine,  ten,  and  eleven,  of  act  one  hundred  and  forty- 
four,  of  the  session  laws  of  eighteen  hundred  and  eighty-three, 
and  all  acts  and  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 


CHAPTER  XXII. 

Act  No.  39,  Laws  of  1885,'as  amended  by  ActjNo.  21,  Public  Acts  of  1889. 
REGULATING   THE    EMPLOYMENT   OF   CHILDREN. 

children  under  (§195.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  no  child  under  the  age  of  ten  years  shall  be  employed  in 
any  factory,  warehouse  or  workshop  where  the  manufacture  of 
any  goods  whatever  is  carried  on,  or  where  any  goods  are  pre- 
pared for  manufacturing. 

children  not  to       (8196.)  SEC.  2.  No  child  under  the  age  of  fourteen  years  shall 

be  employed  in    ,     v"        ,          -,  ,  i    i          •  i        •  i 

certain  cases,  be  employed  by  any  person  to  labor  in  any  business,  unless  such 
child  shall  have  attended  some  public  or  private  day  school,  where 
instruction  was  given  by  a  teacher  qualified  to  instruct  in  such 
branches  as  are  usually  taught  in  primary  schools,  at  least  four 
months  of  the  twelve  months  next  preceding  the  month  in  which 
such  child  shall  be  so  employed,  except  in  districts  in  which  only 

Proviso.  three  months  of  school  are  taught  by  a  qualified  teacher :  Pro- 

vided, That  a  certificate  of  such  attendance  from  the  superintend- 
ent of  the  school,  or  the  director  of  the  school  district  in  which 
such  child  shall  have  so  attended  school,  shall  be  evidence  of  a 
compliance  with  the  provisions  of  this  section,  if  acted  upon  by 
the  employer  in  good  faith.  If  any  such  superintendent  or 
director  shall  knowingly  make  a  false  certificate,  he  shall  be 
deemed  guilty  of  a  violation  of  this  act,  and  shall  be  liable  to  the 
punishment  hereinafter  provided. 

certificate  of         (§197.)  SEC.  3.  Certificates  given  under  the  preceding  section 

attendar.ce  at         ,    v~,   .       ',  ,       . , .     . .  °  ,  . ,         ,.  .  -, 

school  to  be  filed  shall  be  deposited  with  the  employer,  at  the  time  of  employing 

by  employer.        aD y  ^^  ^i}^  fln(j  ^^  ^  kept  by  him  Qn  file  jn  j^g  offic6j  an(j 

shall,  at  all  times,  be  subject  to  inspection  by  the  persons  author- 
ized to  make  inspections  under  this  act. 

umttitio/io"       (§198*)  SEC.  4.  No  child,  or  young  person  under  the  age  of 

hours*  (  eighteen  years,  and  no  woman,  shall  be  employed  in  any  factory, 

warehouse,  workshop   or   place   where  the  manufacture  of  any 


GENERAL  SCHOOL  LAWS. 


kind  of  goods  is  carried  on,  or  where  any  goods  are  prepared  for 
manufacturing,  for  a  longer  period  than  an  average  of  ten  hours 
in  a  day,  or  sixty  hours  in  any  week,  and  at  least  one  hour  shall  Dinner  hour. 
be  allowed  in  the  labor  period  of  each  day  for  dinner. 

(§199.)  SEC.  5.  Every  person  who  shall  employ  any  female  in  seats  for  female 
any  factory,  warehouse,  workshop,  store  or  hotel  shall  provide  employes- 
suitable  seats  for  the  use  of  the  females  so  employed,  and  shall 
permit  the  use  of  such  seats  by  them  when  they  are  not  necessa- 
rily engaged  in  the  active  duties  for  which  they  are  employed. 

(§200.)  SEC.  6.  Any  person,  company  or  corporation  who  shall  Penalty  tor  vu>~ 
violate  any  of  the  provisions  of  this  act,  shall,  for  each  offense,  toMofSStik 
forfeit  a  penalty  of  fifty  dollars,  to  be  recovered  before  any  com- 
petent court. 

(§201.)  SEC.  7.  In  all  cities  it  shall  be  the  duty  of  the  superin-  "ur.y  of  officers 

,  .    .      np  .          ,.          ,  •-     11       •  ,.  to  make  tnspec- 

tendent,  or  chief  officer  of  police,  by  suitable  inspections,  to  see  turn. 

that  the  regulations  of  this  act  are  observed,  and  also  to  prosecute 

all  persons  who  shall  violate  the  same.     Such  superintendent,  or 

chief  officer  of  police,  shall  detail  such  portion  of  the  force  under 

him  as  he  shall  deem  necessary,  for  the  inspection,  from  time  to 

time,  of  all  the  aforesaid  places  where  such  children  or  young  per- 

sons may  be  employed:  Provided.  That,  in  the  city  of  Detroit,  Proviso  for  city 

.,        ,  -1-1      .-i  I-  •  j.         •-!       •,  i         of  Detroit. 

the  board  of  building  inspectors  of  said  city,  or  any  member 
thereof,  shall  have  concurrent  jurisdiction  with  the  superintendent 
or  chief  officer  of  police  with  like  power  and  authority  to  person- 
ally see  that  the  regulations  of  this  act  are  observed  and  also  to 
enter  complaint  against  all  persons  who  shall  violate  the  same. 
In  towns  the  supervisors  thereof  shall  perform  the  duties  above 
imposed  on  the  superintendent,  or  chief  officer  of  police  in  cities. 

(§202  )  SEC.  8.  The  directors  of  any  corporation  which  shall  ^JJmfo? 
willfully  neglect  or  refuse  to  obey  the  provisions  of  this  act,  shall  personally 
each  be  liable  to  the  penalties  of  this  act:   Provided,  Tnat  the  lk 
provisions  of  this  act  shall  not  apply  to  any  of  the  penal,  reforma- 
tory, or  benevolent  institutions  of  this  State. 

CHAPTER  XXIII. 

Act  No.  222,  Public  Acts  of  1887. 
TO    PREVENT   CRIME   AND    PUNISH   TRUANCY. 

(§203.)  SECTION  1.   The  People  of  the  State  of  Michigan  enact,  certain  gins 
That  any  girl  between  the  ages  of  ten  and  seventeen  years,  or  boy  deemeTtruant 
between  the  ages  of  ten  and  sixteen  years,  who  shall  run  away,  or  person3s°rderly 
wilfully  absent  himself  or  herself  from  the  school  he  or  she  is 
attending,  or  from  any  house,  office,  shop,  farm  or  other  place 
where  such  person  is  legitimately  employed  to  labor,  or  shall  fre- 
quent saloons  or  other  places  where  intoxicating  liquors  are  kept 
for  sale,  or  shall  be  found  lounging  around  the  same,  or  shall  be 
found  lounging  upon  the  public  streets,  or  other  public  places  of 
any  city  or  village,  against  the  command  of  his  or  her  parent  or 
guardian,  or  shall,  without  the  permission  of  his  or  her  parents 


GENERAL  SCHOOL  LAWS. 


or  guardian,  attend  any  public  dance,  skating  rink  or  show,  shall 
be  deemed  to  be  a  truant  and  disorderly  person. 

WLO  to  make  (§204. )  SEC.  2.  Upon  complaint  upon  oath  and  in  writing  made 
before  any  justice  of  the  peace  by  the  parent  or  guardian  of  any 
girl  between  the  ages  of  ten  and  seventeen  years,  or  of  any  boy 
between  ten  and  sixteen  years  of  age,  or  by  the  supervisor  of  any 
township,  or  the  mayor  of  any  city,  or  president  of  any  village, 
and  in  cities  of  over  eight  thousand  population,  by  the  chief  of 
police,  that  any  such  minor  has  been  guilty  of  any  of  the  acts 
specified  in  section  one  of  this  act,  such  justice  shall  issue  his 
warrant  for  the  arrest  of  such  minor,  and  upon  such  conviction, 
such  minor,  if  a  boy,  may  be  sentenced  by  such  justice  to  the 
reform  school  for  boys  at  Lansing ;  and  if  a  girl,  to  the  State 
industrial  home  for  girls  at  Adrian ;  boys  until  seventeen  years 
of  age  and  girls  until  twenty-one  years  of  age,  unless  sooner  dis- 
charged according  to  law:  Provided,  That  no  person  or  persons 
shall  be  sent  to  said  reform  school  for  boys,  or  the  industrial 
home  for  girls  until  the  sentence  therein  has  been  submitted  to 
and  approved  by  the  circuit  judge  of  the  circuit  or  the  judge  of 
probate  of  the  county  in  which  such  conviction  shall  be  had. 

(§205.)  SEC.  3.  The  same  proceedings  shall  be  had  upon  the 
trial  of  any  person  charged  with  being  guilty  of  any  of  the 
offenses  mentioned  in  section  one  of  this  act  before  the  justice 
before  whom  such  person  is  brought  as  are  had  in  trials  for  mis- 
demeanor, as  far  as  the  same  are  applicable,  and  the  State  agent 
for  the  care  of  juvenile  offenders  of  the  county  wherein  such 
offenders  may  be  on  trial  shall  have  authority  and  take  the  same 
action  in  the  premises  as  is  provided  by  act  number  one  hundred 
and  seventy-one  of  the  session  laws  of  eighteen  hundred  and 
seventy- three  of  this  State. 


Upon  convic- 
tion, where  to 
be  sentenced. 


Term  of 
sentence. 

Proviso  as  to 
approval  of 
sentence. 


Proceedings 
•upon  trial. 


Duty  of  State 
.agent. 


CHAPTER    XXIV. 

Act  No.  147,  Public 'Acts  of  1889. 
FREE   TEXT  BOOKS. 


text- books. 


•District  to  vote  (§206.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  from  and  after  June  thirtieth,  eighteen  hundred  and  ninety, 
each  school  board  of  the  State  shall  purchase,  when  authorized, 
as  hereinafter  provided,  the  text  books  used  by  the  pupils  of  the 
schools  in  its  district  in  each  of  the  following  subjects,  to  wit : 
Orthography,  spelling,  writing,  reading,  geography,  arithmetic, 
grammar  (including  language  lessons),  national  and  State  his- 
tory, civil  government,  and  physiology  and  hygiene;  but  text 
books  once  adopted  under  the  provisions  of  this  act  shall  not 

<proYiso.  be  changed  within  five  years:  Provided,  That  the  text  book  on 

the  subject  of  physiology  and  hygiene  must  be  approved  by  the 
State  board  of  education,  and  shall  in  every  way  comply  with 
section  fifteen  of  act  number  one  hundred  and  sixty-five  of  the 
public  acts  of  eighteen  hundred  and  eighty-seven,  approved  June 


GENERAL  SCHOOL  LAWS.  67 


ninth,  eighteen  hundred  and  eighty-seven  :    And  provided  fur-  Proviso. 
ther,  That  all  text  books  used  in  any  district  shall  be  uniform  in 
any  one  subject. 

(§207.)  SEC.  2.  The  district  board  of  each  school  district  shall  District  board 
select  the  kind  of  text  books  on  subjects  enumerated  in  section  book?011 
one  to  be  taught  in  schools  of  their  respective  districts :   Provided, 
That  nothing  herein  contained  shall  require  any  change  in  text  J°jfrg°jj  takien 
books  now  in  use  in  such  district.     They  shall  cause  to  be  posted  meSgDan«er 
in  a  conspicuous  place,  at  least  ten  days  prior  to  the  first  annual  {Sfspaac8t8age of 
school  meeting  from  and  after  the  passage  of  this  act,  a  notice 
that  those  qualified  to  vote  upon  the  question  of  raising  money 
in  said  district  shall  vote  at  such  annual  meeting  to  authorize 
said  district  board  to  purchase  and  provide  free  text  books  for 
the  use  of  the  pupils  in  said  district.     If  a  majority  of  all  the 
voters,  as  above  provided,  present  at  such  meeting  shall  author- 
ize said  board  to  raise  by  tax  a  sum  sufficient  to  comply  with 
the  provisions  of  this   act,  the  district  board  shall  thereupon 
make  a  list  of  such  books  and  file  one  copy  with  the  township 
clerk  and  keep  one  copy  posted  in  the  school,  and  due  notice  of 
such  action  by  the  district  shall  be  noted  in  the  annual  report  to 
the  superintendent  of  sublic  instruction.      The  district  board  JJ^^JJJ"1 
shall  take  the  necessary  steps  to  purchase  such  books  for  the  use  tex^ookswhen 
of  all  pupils  in  the  several  schools  of  their  district,  as  hereinafter  authorlzed- 
provided.     The  text  books  so  purchased  shall  be  the  property 
of  the  district  purchasing  the  same,  and  shall  be  loaned  to  pupils 
free  of  charge,  under  such  rules  and  regulations  for  their  careful 
use  and  return  as  said  district  board  may  establish :  Provided,  Proviso. 
That  nothing  herein  contained  shall  prevent  any  person  from 
buying  his  or  her  books  from  the  district  board  of  the  school  in 
which  he  or  she  may  attend:  Provided  further.  That  nothing  Provl8°- 
herein  contained  shall  prevent  any  district  having  once  adopted 
or  rejected  free  text  books  from  taking  further  action  on  the 
same  at  any  subsequent  annual  meeting. 

(§208.)  SEC.  3.  It  shall  be  the  duty  of  the  district  board  of 
any  school  district  adopting  free  text  books  provided  for  in  this 
act  to  make  a  contract  with  some  dealer  or  publisher  to  furnish 
books  used  in  said  district  at  a  price  not  greater  than  the  net 
wholesale  price  of  such  books :  Provided,  That  any  district  may,  Proviso. 
if  it  so  desires,  authorize  its  district  board  to  advertise  for  pro- 
posals before  making  such  contract. 

(§209.)  SEC.  4.  The  district  board  of  every  school  district  in 
the  State  adopting  free  text  books  under  this  act  shall  make  and 
prepare  annually  an  estimate  of  the  amount  of  money  necessary  ralsed* 
to  be  raised  to  comply  with  the  conditions  of  this  act  and  shall 
aid  such  amount  to  the  annual  estimates  made  for  money  to  be 
raised  for  school  purposes,  for  the  next  ensuing  year.  Said  sum 
shall  be  in  addition  to  the  amount  now  provided  by  law  to  be 
raised ;  which  amount  each  township  clerk  shall  certify  to  the 
supervisor  of  his  township  to  be  assessed  upon  the  taxable  prop- 
erty of  the  respective  districts  as  provided  by  law  for  raising  the 
regular  annual  estimates  of  the  respective  district  boards  for 


68 


GENERAL  SCHOOL  LAWS. 


when  director 


Refusal  or 


school  purposes  and  when  collected  shall  be  paid  to  the  district 
treasurer  in  the  same  manner  as  all  other  money  belonging  to 
said  district  is  paid. 

(§210.)  SEC.  5.  On  the  first  day  of  February  next  after  the  tax 
shall  have  been  levied,  the  director  of  said  district  may  proceed 
to  purchase  the  books  required  by  the  pupils  of  his  district  from 
the  list  mentioned  in  section  one  of  this  act,  and  shall  draw  his 
warrant,  countersigned  by  the  moderator,  upon  the  treasurer  or 
assessor  of  the  district  for  the  price  of  the  books  so  purchased, 
including  the  cost  of  transportation. 

(§3H«)  SEC.  6.  If  the  officers  of  any  school  district,  which  has 
so  voted  to  supply  itself  with  text  books,  shall  refuse  or  neglect 
to  purchase  at  the  expense  of  the  district  for  the  use  of  the 
pupils  thereof,  the  text  books  as  enumerated  in  section  one  of 
this  act,  or  to  provide  the  money  therefor  as  herein  prescribed, 
each  officer  or  member  of  such  board  so  refusing,  or  neglecting, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  before  a  court  of  competent  jurisdiction,  shall  be  liable 
to  a  penalty  of  not  more  than  fifty  dollars  or  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  thirty  days  or  by  both  such 
fine  and  imprisonment  in  the  discretion  of  the  court:  Provided? 
That  any  district  board  may  buy  its  books  of  local  dealers  if  the 
same  can  be  purchased  and  delivered  to  the  director  as  cheap  as 
if  bought  of  the  party  who  makes  the  lowest  bid  to  the  district 

Further  proviso,  board  :  Provided  further,  That  school  districts  in  cities  organized 
under  special  charters  shall  be  exempt  from  the  provisions  of 

in  cities  boards  this  act,  but  such  districts  may,  when  so  authorized  by  a  majority 
vote  of  their  district  boards,  submit  the  question  of  free  text 
books  to  the  qualified  voters  of  said  districts.  If  a  majority  of 
the  qualified  electors  vote  in  favor  of  furnishing  free  text  booKs, 
such  district  boards  shall  have  authority  to  proceed  under  the 
provisions  of  this  act. 


Penalty. 


proviso. 


6 


Set™0*  dls~ 


NOTE. 


APPORTIONMENT    OF     SURPLUS   DOG-TAX    TO    SCHOOL    DISTRICTS- 

Under  the  provisions  of  Act  No.  198,  Public  Acts  of  1877,. 
as  amended  by  Act  No.  283  of  the  Public  Acts  of  1881,  it  is 
required  that  in  all  the  townships  and  cities  of  the  State  there 
shall  annually  be  levied  and  collected  a  tax  of  one  dollar  upon 
every  male  dog  and  of  three  dollars  upon  every  female  dog.  The 
money  thus  obtained  is  to  constitute  a  fund  in  the  several  town- 
ships and  cities  for  the  payment  of  damages  sustained  by  owners 
of  sheep  by  reason  of  having  such  sheep  killed  or  wounded  by 
dogs.  Section  six  of  the  law  referred  to  provides  that  "if  money 
remains  of  such  fund  after  satisfactory  payment  of  all  claims 
aforesaid  in  any  one  year  over  and  above  the  sum  of  one  hundred^ 


GENERAL  SCHOOL  LAWS.  69 


dollars,  it  shall  be  apportioned  among  the  several  school  districts 
of  such  township  or  city  in  proportion  to  the  number  of  children 
therein  of  school  age."  The  apportionment  must  be  based  upon 
the  whole  number  of  children  of  school  age  residing  in  the  town- 
ship, and  include  all  districts  whether  lying  wholly  or  partly  in 
such  township.  In  case  of  a  fractional  district  in  which  the 
school-house  is  situated  in  a  different  township,  the  money 
belonging  to  such  district  must  be  paid  over  to  the  treasurer  of 
the  township  in  which  the  school-house  is  situated,  and  by  that 
treasurer  paid  to  the  district,  in  the  same  way  as  in  the  case  of 
the  one-mill  and  other  taxes. 

By  Act  No.  214,  Public  Acts  of  1889,  it  is  provided  that  i"f  any 
money  remains  in  this  fund  in  any  city  and  any  township  or 
part  of  township  adjoining  thereto  (the  same  being  within  one 
county)  "after  the  payment  of  the  orders  payable  out  of  the 
same  and  the  amount  of  said  money  shall  exceed  the  sum  of  two 
hundred  dollars,  the  sum  in  excess  of  two  hundred  dollars  shall 
be  apportioned  by  said  county  treasurer  to  the  said  township  or 
part  of  township  and  said  city  in  proportion  to  the  amount  con- 
tributed to  said  fund  during  the  preceding  year,  and  the  amount 
so  apportioned  to  any  said  township  or  part  of  township,  or  said 
city,  shall  be  respectively  apportioned  among  the  several  school 
districts  of  said  township  or  part  of  township  and  said  city,  in 
proportion  to  the  number  of  children  therein  of  school  age." 


APPENDIX  A. 


DIGEST   OF  DECISIONS  OF  THE   SUPREME   COURT. 

I. 

TOWNSHIP   BOARD   OF   SCHOOL   INSPECTORS. 

1"!.  The  statutory  notice  of  meetings  by  inspectors  must  be  given,  stat- 
ing the  object  of  the  meeting.  And  no  business  at  a  meeting  inconsistent 
with  the  notice  is  lawful.  Passage  v.  School  Inspectors  of  Williamstown, 
19|Mich.,  330. 

1"2.  The  township  board  of  school  inspectors  have  no  power  to  dissolve  a 
school  district  erected  by  special  act  of  the  legislature,  and  to  set  back  the 
territory  into  the  districts  from  which  it  was  taken.  School  District  v.  Dean, 
17  Mich.,  223. 

1"3.  On  the  erection  and  organization  of  a  new  township,  the  inspectors 
of  such  township  may  sever  its  territory  from  the  school  district  within 
which  it  was  formerly  embraced,  and  there  is  no  general  provision  of  law 
which  charges  the  property  within  the  new  township  with  the  obligation  to 
pay  any  debts  created  for  school  purposes,  which  existed  at  the  time  of  the 
erection  of  the  new  township.  School  District  No.  1  of  Portage  v.  Ryan, 
19jMich.,  203. 

14.  Mandamus  will  not  be  granted  to  disturb  an  apportionment  made 
by  the  township  board  of  school  inspectors  between  different  districts, 
acquiesced  in  for  several  years,  and  which  if  the  court  could  change  it  has 
no  proof  that  it  ought  to.  School  District  No.  3  of  Riverside  Township  v. 
the  Township  of  Riverside,  67  Mich.,  404. 

II. 

APPEALS   FROM   ACTION"   OF   SCHOOL   INSPECTORS. 

1~5.  Under  the  statute  providing  for  appeals  from  the  board  of  school 
inspectors  to  the  township  board,  the  approval  of  the  appeal  bond  is  essential 
to  complete  an  appeal ;  and  the  fact  that  the  bond  was  presented  to  the  clerk 
of  the  board  of  inspectors,  who  refused  to  approve  it  because  it  was  not  wit- 
nessed, even  though  the  objection  be  a  frivolous  one,  made  in  bad  faith  and 
for  vexation,  will  not  render  the  bond  sufficient  without  an  approval,  since, 


72  DIGEST  OF  DECISIONS. 

under  the  statute,  it  may  be  approved  also  by  any  justice  of  the  township. 
Clement  v.  Everest,  29  Mich.,  19. 

1"6.  The  validity  of  the  action  of  school  inspectors  in  changing  the  bound- 
aries of  school  districts  is  not  affected  by  the  fact  that  the  inspectors  were 
interested  parties  as  taxpayers  and  residents ;  the  disabling  doctrine  has  no 
application  to  those  administrative  acts  which  are  public,  and  not  with  or 
between  private  parties.  Ibid. 

1"7.  The  regularity  of  the  action  of  school  inspectors  in  creating  or  chang- 
ing school  districts  will  not  be  inquired  into  in  a  collateral  proceeding ;  their 
action  is  the  exercise  of  a  public  discretionary  power,  which  can  only  be 
reviewed,  if  at  all,  by  some  direct  appellate  process  authorized  by  law  and 
operating  upon  the  proceedings  themselves  to  affirm,  reverse  or  change  them. 
Ibid. 

1"8.  Parties  appealing  under  the  statute  from  the  action  of  school  inspect- 
ors in  arranging  school  districts,  to  the  township  board,  thereby  waive  those 
questions  which  require  judicial  review  and  submit  themselves  to  the  dis- 
cretion of  that  body ;  and  a  certiorari  to  the  township  board  does  not  open 
for  review  the  doings  of  the  inspectors.  Brody  v.  Township  Board  of  Penn, 
32  Mich.,  272. 

1~9.  It  was  never  intended  that  a  court  should  exercise  any  of  these  powers 
of  discretionary  administration;  and  when,  on  such  appeal,  the  township 
board  acted  within  its  jurisdiction,  its  discretion  cannot  be  reviewed  by  the 
courts ;  and  if  it  did  not,  and  its  acts  were  void,  then  under  the  statute  the 
action  of  the  inspectors,  after  ten  days,  is  equally  intact  and  beyond  disturb- 
ance. Ibid. 

T10.  Where,  however,  the  township  board,  acting  without  authority, 
reverses  the  action  of  the  inspectors,  their  doings  may  be  overturned ;  but  an 
order  of  the  board  affirming  the  action  of  the  inspectors,  whether  properly 
or  improperly,  only  leaves  such  action  where  it  would  have  been  without 
such  interference.  Ibid. 

Ifll.  A  township  board  has  jurisdiction  of  appeals  from  decisions  of  the 
board  of  school  inspectors  fixing  the  amount  to  be  paid  by  an  old  school  dis- 
trict to  a  new  one  where  the  latter  comprises  part  of  the  same  territory,  and 
the  former  retains  the  school  property.  School  District  No.  Five  of  Pine 
Township  v.  Wilcox,  48  Mich.,  404. 

III. 

TOWNSHIP  BOARD. 

1 12.  An  application  to  the  township  board  to  remove  the  moderator  of  a 
school  district,  on  the  ground  that  he  presistently  refuses  to  countersign  an 
order  drawn  by  the  director  of  the  district  on  the  assessor,  involves  an 
inquiry,  in  which  the  payee  named  in  the  order  is  an  interested  party. 
Stockwell  v.  Township  Board  of  White  Lake,  22  Mich.,  341. 

H~13.  A  proceeding  before  the  township  board  to  remove  an  officer  of  a 
school  district,  is  in  the  nature  of  a  judicial  investigation ;  and  when  one  of 
the  board  is  interested  in  the  subject  of  the  complaint,  and  the  presence  of 
such  member  is  essential  to  the  quorum,  the  proceedings  are  void.  Ibid. 

1T14.  When  either  of  the  members  of  the  township  board  is  interested  in 
the  subject  for  consideration,  he  is  not  "competent  or  able  to  act,"  in  the 


DIGEST  OF  DECISIONS.  73 

sense  of  the  statute ;  arid  such  incompetency  will  justify  the  calling  in  of 
one  of  the  remaining  justices.  Hid. 

115.  Every  special  tribunal  appointed  by  law  is  subject  to  the  maxim  that 
no  person  can  sit  in  any  cause  in  which  he  is  a  party,  or  in  which  he  is  inter- 
ested. Ibid. 

116<  The  removal  of  a  school  district  assessor  by  the  township  board  is 
reviewable  on  certiorari.  Merrick  v.  Township  Board,  41  Mich.,  630. 

117.  Costs  awarded  by  the  supreme  court  in  a  proceeding  by  certiorari 
against  persons  composing  a  township  board,  to  review  their  official  acts,  are 
to  be  collected  like  township  charges,  and  not  by  execution  against  the 
officers  personally.     Stockwell  v.  Township  Board  of  White  Lake,  22  Mich., 
341. 

118.  Proceedings  by  a  township  board  to  remove  a  school  director  are  not 
invalidated  by  the  fact  that  it  did  not  meet  to  agree  on  the  notice  under 
which  the  proceedings  were  taken.     Wenzett  v.  Township  Board  of  Dorr,  49 
Mich.,  25. 

"If  19.  The  primary  school  law  does  not  authorize  the  township  board  to 
remove  the  moderator  for  hiring  her  husband  to  teach  the  district  school 
and  agreeing  to  pay  him  more  than  is  necessary  to  secure  a  better  teacher. 
Hazen  v.  Town  Board  of  Akron,  48  Mich.,  188. 

120.  In  providing  that  the  school  director  shall  keep  the  necessary  school- 
house  furniture  in  due  order  and  condition,  and  that  his  expenses  shall  be 
subsequently  audited  and  paid,  it  is  not  intended  that  money  must  be  put 
into  his  hands  beforehand.     Township  Board  of  Hamtramck  v.  Holihan,  46 
Mich.,  127. 

121.  The  township  board  is  exclusive  judge  of  the  facts  on  which  it  is 
authorized  to  remove  a  school  director,,  and  its  proceedings  can  only  be 
reviewed  by  the  circuit  and  supreme  courts  on  questions  of  law.     Ibid. 

122.  Proceedings  by  a  township  board  to  remove  a  school  director  cannot 
properly  be  taken  until  the  action  of  the  proper  authorities  has  been  invoked 
by  complaint  of  some  definite  violation  of  duty;   but  where  the  plaintiff 
admits  the  charges  set  up  against  him,  and  expressly  desires  the  board  to  act 
on  them  without  farther  delay,  he  cannot  afterwards  complain  that  they  did 
so.     tieddes  v.  Township  of  Thomastown,  46  Mich.,  316. 

123.  The  action  of  a  town  board  in  removing  a  school  director  is  final, 
unless  speedily  brought  up  for  review.     Ibid. 

^[24.  The  willful  refusal  of  a  school  director  to  sign  a  contract  made  with 
a  teacher,  or  to  accept  and  file  it,  or  draw  orders  for  the  teacher's  pay  while 
it  is  pending,  and  his  obstinate  neglect  to  furnish  necessary  school-house 
supplies,  may  be  taken  into  account  in  proceedings  for  his  removal.  Ibid. 


IV. 

/ 

ORGANIZATION   OF   SCHOOL   DISTRICTS. 

125.  There  should  be  some  special  and  extraordinary  reason  to  justify 
interference  by  quo  warranto  with  the  organization  of  a  school  district,  as 
the  statutes  provide  a  speedier  remedy  by  an  appeal  from  the  inspectors  to 
the  township  board.  Lord  v.  Every,  38  Mich.,  405. 


74  DIGEST  OF  DECISIONS. 

126.  "When  a  school  district  had  enjoyed  its  franchises  for  five  years,  dur- 
ing most  of  which  time  proceedings  to  inquire  into  the  validity  of  the  organi- 
zation had  been  pending  by  quo  warranto  and  writ  of  error  instead  of  the 
speedier  statutory  process  of  appeal,  the  supreme  court  declined  to  review 
its  organization  on  technicalities.     Ibid. 

127.  The  legal  organization  of  a  school  district  actually  exercising  its  cor- 
porate powers,  cannot  be  collaterally  questioned  in  contesting  a  title  based 
on  a  school,  tax.     StocMe  et  al.  v.  Silsbee,  41  Mich.,  615. 

1~28.  A  certiorari  to  review  proceedings  whereby  a  new  school  district  has 
been  created  out  of  old  districts,  must  be  applied  for  before  the  district  has 
been  organized  and  assumed  the  functions  of  a  corporation ;  after  that  time 
the  proper  course  is  to  take  measures  to  try  the  legality  of  its  corporate 
existence  by  quo  warranto,  or  other  direct  proceeding  against  the  alleged 
corporation  or  its  officers.  Fractional  School  District  No.  1  of  Owosso,  etc., 
v.  School  Inspectors  of  Owosso,  etc.,  27  Mich.,  3. 

1~29.  Certiorari  addressed  to  the  assessor  of  a  school  district  is  wholly 
unsuited  as  a  remedy  to  test  the  legal  organization  and  existence  of  the  dis- 
trict, as  the  errors,  if  any  there  are,  lie  back  of  any  action  of  the  assessor, 
and  are  to  be  found  in  the  action  of  the  township  authorities.  Jaquith  v. 
Hale,  31  Mich.,  430. 

1"30.  It  has  always  been  the  policy  of  the  Michigan  school  laws  that  no 
primary  school  district  should  contain  more  than  nine  sections  of  land. 
Simpkins  et  al.  v.  School  District  No.  1  of  Michigamme  et  al.,  4&  Mich.,  559. 

^31.  Township  school  inspectors  cannot  enlarge  a  graded  school  district 
by  adding  unorganized  territory,  though  they  may,  with  the  consent  of  the 
trustees,  transfer  to  its  jurisdiction  territory  previously  organized  into  pri- 
mary districts.  Ibid. 

132.  Injunction  lies  to  restrain  the  sale,  for  school  taxes,  of  lands  unlaw- 
fully included  within  the  taxing  district.  Ibid. 

1^33.  A  writ  of  certiorari  to  bring  up  proceedings  for  the  formation  of  a 
school  district  will  not  be  sustained  if  after  its  issue,  and  without  good  rea- 
son, it  has  been  allowed  to  sleep  until  the  organization  has  been  completed, 
a  tax  voted  and  contract  made  for  building  a  school-house,  and  interests 
established  which  cannot  be  overturned  without  public  inconvenience  and 
injury  and  individual  damage.  Parman  v.  Board  of  School  Inspectors,  49 
Mich.,  63. 

134.  Where  certiorari  issues  to  bring  up  proceedings  for  the  formation  of 
a  school  district,  the  papers  on  which  it  was  allowed  must  be  served  with  it. 
Ibid. 

135.  Where  there  has  been  actual  notice  of  proposed  proceedings  by  joint 
boards  for  the  formation  of  a  new  school  district  out  of  several  old  ones, 
mere  informalities  in  the  issue  of  such  notice  are  not  jurisdictional  defects ; 
nor  is  the  fact  that  it  covers  territory  not  actually  taken.     Ibid. 

136.  The  statutory  requirement  for  notice  of  the  meeting  of  a  township 
board  of  school  inspectors  to  alter  the  boundaries  of  a  school  district,  is 
jurisdictional,  and  proof  of  posting  such  notice  should  be  filed  with  the 
clerk  of  the  board,  before  any  action  is  taken.     Coulter  et  al  v.   Board  of 
School  Inspectors  of  Grant  and  Arthur  Townships,  59  Mich.,  391. 

^37.  In  the  absence  of  the  consent  of  the  owners  of  lands  which  have 
been  taxed  for  building  a  school-house,  within  three  years  last  preceding  the 


DIGEST  OF  DECISIONS.  75 

date  of  their  proposed  transfer  to  another  district,  such  transfer  is  illegal ; 
and  the  fact  that  the  detached  territory  was  not  at  the  same  time  attached 
to  another  district  will  not  legalize  such  transfer.  Ibid. 

^38.  The  statutory  requirement  for  notice  of  the  meeting  of  a  township 
board  of  school  inspectors  to  alter  the  boundaries  of  a  district  is  jurisdic- 
tional,  and  until  such  notice  has  been  given,  and  proof  of  posting  made,  as 
required  by  law,  the  inspectors  have  no  power  to  act.  Fractional  School 
District  No.  3  of  Martin,  Watson  and  Wayland  Townships  v.  Boards  of 
School  Inspectors  of  said  Townships,  63  Mich.,  611. 

139.  Where  a  de  facto  school  district  has  exercised  its  franchises  and 
privileges  for  over  two  years,  it  is  presumed  to  have  been  legally  organized, 
and  it  is  too  late  to  litigate  that  question  in  law  or  equity.  School  District 
No.  3  of  Everett  Township  v.  School  District  No.  1  of  Wilcox  Township,  63 
Mich.,  51. 

^ 40.  The  statutory  provision  requiring  the  town  clerk  to  give  notice  of 
every  meeting  of  the  board  of  school  inspectors  of  his  township,  existing 
prior  to  the  1881  amendment,  was  imperative,  and  the  apportionment  by  the 
inspectors  of  the  valuation  of  school  property,  on  the  formation  of  a  new 
district,  at  a  meeting  held  without  such  notice,  was  void ;  and  a  bill  in  equity 
will  lie  in  the  name  of  the  old  district  to  enjoin  the  assessment  and  collection 
of  a  tax  to  satisfy  the  amount  so  apportioned  as  its  share  of  such  valuation. 
Ibid. 

^"41.  A  township  board  of  school  inspectors  may  under  one  notice,  and  at 
one  meeting,  by  separate  action,  detach  lands  from  separate  school  districts  and 
attach  them  to  one  district.  Doxey  v.  The  Township  Board  of  School  Inspect- 
ors of  Martin  Township,  67  Mich.,  601. 

H"42.  Where  the  action  of  a  board  of  school  inspectors  in  detaching  terri- 
tory from  a  district,  without  the  consent  of  a  majority  of  the  resident  tax- 
payers, and  attaching  it  to  another  district,  left  land  enough  in  the  former 
for  school  purposes,  they  may  afterwards  consolidate  such  remaining  terri- 
tory, with  the  consent  of  its  remaining  tax-payers,  with  any  other  district 
which  gives  a  like  consent.  Ibid. 

1f43.  At  a  school  meeting  to  vote  on  the  question  of  dissolving  the  district, 
18  votes  were  cast  in  favor  of  the  proposition,  and  9  against  it.  Every 
person  present  who  possessed  the  qualifications  of  a  voter  at  any  school  meet- 
ing was  allowed  to  vote,  without  reference  to  sex,  or  whether  or  not  he  or 
she  was  a  resident  tax-payer.  Ten  or  more  persons  who  were  not  resident 
tax-payers  voted,  and  some  of  the  legal  tax-payers  did  not  vote,  and  some 
were  not  present.  Held,  that  the  consent  of  a  majority  of  the  resident 
tax-payers  had  not  been  obtained  as  required  by  HowelFs  Statutes  §5041. 
Briggs  v.  Borden  et  aL,  School  Inspectors,  38  N.  W.  Kep,,  712. 

^"44.  A  bill  will  lie,  at  the  suit  of  resident  tax-payer,  to  restrain  the  board 
of  school  inspectors  from  selling  a  school-house  and  site,  furniture,  etc., 
under  color  of  a  void  attempt  to  dissolve  the  district  to  which  such  school- 
house,  etc.,  belongs.  Ibid. 

If45.  Under  HowelPs  Statutes  §5041,  providing  that  school  districts 
cannot  be  divided  or  consolidated  without  the  consent  of  a  majority  of  the 
resident  tax-payers  of  each  district,  a  return  by  the  board  of  school  inspect- 
ors, stating  that  the  persons  consenting  are  a  majority  of  the  resident  tax- 
payers of  the  districts,  is  conclusive  as  to  such  fact,  though  the  consent  filed 


76  DIGEST  OF  DECISIONS. 

by  the  districts  does  not  state  that  the  persons  are  a  majority.  Gentle  v. 
Board  of  School  Inspectors  of  Coif  ax  Township,  40  N.  W.  Rep.,  928. 

146.  Proceedings  for  organizing  a  new  school   district,  taken   without 
giving  the  full  ten  days'  notice  required  by  HowelPs  Statutes  §5040,  are  not 
rendered  valid  by  the  filing  of  a  consent  by  a  majority  of  the  citizens  of 
each  district  affected,  such  consent  being  required  by  §5041,  as  the  notice  is 
a  jurisdictional  requirement,  and  the  minority  have  a  right  to  be  heard,  and 
a  right,  to  the  full  notice  required.     Ibid. 

147.  Quo  warranto  is  the  proper  remedy  to  determine  the  legal  existence 
of  a  school  district,  and  the  right  of  particular  persons  to  exercise  the  offices 
of  moderator,  assessor,  and  director.    People  ex  rel.,  Roeser  et  al.,  v.  0 art- 
land,  Moderator,  etal.,  42  N.  W.  Rep.,  687. 

p  148.  Under  HowelPs  Statutes  §5033,  providing  that  no  school  district 
shall  contain  more  than  nine  sections  of  land,  a  district  containing  five  full 
sections  and  eight  fractional  sections,  the  whole  not  exceeding  in  quantity 
of  land  nine  full  sections,  is  legal.  Ibid. 

149.  The  statutory  provision  concerning  the  election  .of  school  district 
officers  by  ballot  is  mandatory,  but  where  such  officers  have  been  unanimously 
elected  by  vive  voce  vote  at  a  regular  meeting,  no  other  persons  claim  to  have 
been  elected,  and  they  are  qualified  and  are  acting,  they  will  not  be  ousted 
by  quo  warranto.     Ibid. 

V. 

DISTEICT   MONEYS,    WAKRANTS,    AND   OKDEKS. 

150.  An  action  for  money  had  and  received  will  lie  in  favor  of  a  school 
•district  to  recover  district  moneys  received  by  its  assessor,  and  which  after 
expiration  of  his  term  of  office  he  refuses  on  demand  to  pay  over  to  his  suc- 
cessor, and  an  action  upon  the  assessor's  bond  is  not  the  exclusive  remedy; 
the  bond  is  required  as  additional  security,  but  it  does  not  supersede  the 
officer's  individual  responsibility.     Mason  v.  Fractional  School  District  No. 
1  of  Scio  and  Webster,  34  Mich.,  228. 

151.  An  assessor  cannot  lawfully  withhold  the  district  funds  in  his  hands, 
when  the  same  are  properly  demanded  by  his  successor,  a  fortnight  after  the 
latter  has  been  regularly  elected  and  has  accepted  and  qualified,  upon  any 
claim  that  he  is  entitled  to  be  first  personally  notified  officially  of  such  elec- 
tion and  acceptance  ;  he  is  chargeable  with  notice  of  these  facts  without  any 
personal  certification  thereof.     Ibid. 

152.  An  official  treasurer  cannot  defend  an  action  to  make  him  turn  over 
to  his  successor  the  funds  in  his  official  custody,  upon  any  questions  of  the 
regularity  of  the  proceedings  whereby  the  funds  came  into  his  possession. 
Ibid. 

-  153.  The  assessor  of  a  school  district  is  the  lawful  treasurer  and  deposit- 
ory of  school  district  funds,  and  all  moneys  must  pass  through  his  hands  and 
be  paid  out  by  him  on  proper  orders.  School  District  No.  9  of  Midland  v. 
School  District  No.  5  of  Midland,  40  Mich.,  551. 

154.  A  showing  of  a  want  of  funds  is  a  complete  answer  to  an  application 
for  mandamus  to  require  an  assessor  of  a  school  district  to  pay  an  order 
drawn  on  him  in  favor  of  a  school  teacher.  Allen  v.  Prink,  32  Mich.,  96. 


DIGEST  OF  DECISIONS. 


It  is  not  necessarily  the  duty  of  the  moderator  of  a  school  district  to 
countersign  an  order  upon  the  assessor  drawn  by  the  director.  He  has  a 
right  to  satisfy  himself  that  the  claim  for  which  it  was  drawn  is  a  valid  one, 
and  that  it  was  drawn  by  the  director  in  the  proper  performance  of  his  duty. 
Stockwell  v.  Township  Board  of  White  Lake,  22  Mich.,  341. 

^[56.  The  disbursement  of  all  school  moneys  is  required  by  the  statute  to 
be  made  by  orders  drawn  on  the  asssessor  by  the  director  and  countersigned 
by  the  moderator ;  and  all  moneys  belonging  to  the  district  in  the  town 
treasurer's  hands  are  required  to  be  paid  to  the  assessor  on  warrants  dawn 
by  the  director  and  countersigned  by  the  moderator.  The  assessor  is  made 
treasurer  of  the  district,  and  required  to  hold  all  district  moneys  until  prop- 
erly drawn  out  by  warrant.  It  is  made  the  express  duty  of  the  director  to 
draw  and  sign  warrants  upon  the  township  treasurer,  payable  to  the  assessor, 
for  all  moneys  raised  for  district  purposes,  or  apportioned  to  the  district  by 
the  township  clerk,  and  present  them  to  the  moderator  to  be  signed;  and  it 
is  made  the  duty  of  the  moderator  to  countersign  such  warrants.  Burns  v. 
Bender,  36  Mich.,  195. 

1"57.  District  moneys  in  the  hands  of  the  town  treasurer  are  not  subject 
to  be  applied  to  any  district  purpose  except  through  the  hands  of  the 
assessor.  And  the  duty  of  suing  to  thus  transfer  them  into  the  custody  of 
the  assessor,  if  qualified,  is  laid  on  the  director ;  and  the  duty  of  procuring 
this  transfer  within  some  reasonable  time  is  not  discretionary,  but  absolute. 
The  moderator  is  bound  under  ordinary  circumstances  to  countersign  all 
orders  of  the  director  for  that  purpose ;  and  if  he  refuses  in  a  proper  case  to 
do  so,  mandamus  will  lie  to  compel  him.  Ibid. 

1~58.  The  statute  making  it  the  duty  of  the  director  to  present  the  war- 
rant to  the  moderator  for  signature,  he  may  properly  be  a  relator  to  obtain 
it  by  compulsion  of  law  when  refused.  He  is  the  proper  custodian  of  the 
completed  warrant,  for  the  purpose  of  delivery  to  the  assessor.  Hid. 

1"59.  The  query  is  suggested,  whether  the  assessor  would  not  also  be  a 
competent  relator.  Ibid. 

1*60.  The  town  treasurer  has  no  authority  to  make  payments  of  district 
moneys  even  to  the  assessor,  except  upon  the  warrant  prescribed  by  statute ; 
and  no  payment  not  authorized  by  warrant  is  a  valid  official  payment,  such 
as  to  preclude  the  district  from  holding  him  responsible  for  moneys  law- 
fully in  his  hands.  Payments  made  otherwise  than  in  the  prescribed  mode 
are  made  in  his  own  wrong,  and  cannot  diminish  the  fund  for  which  he  is 
responsible.  Ibid. 

^61.  Respondent  occupying  the  double  position  of  moderator  and  town 
treasurer,  is  not  thereby  authorized  to  set  up  his  previous  illegal  disburse- 
ments of  the  district  moneys  as  treasurer  as  an  excuse  for  not  doing  his  duty 
as  moderator ;  his  double  functions  will  not  relieve  him  in  one  capacity 
from  doing  his  duty  in  another.  Ibid. 

T62.  Warrants  drawn  by  the  officers  of  school  districts  upon  the  town- 
ship treasurer  for  school  moneys  are  not  negotiable,  and  the  treasurer  is 
under  no  obligation  to  pay  them  except  to  the  district  assessor.  Fox  v. 
Shipman,  19  Mich.,  218. 

^"63.  An  order  drawn  upon  the  township  treasurer  by  the  director  and 
countersigned  by  the  moderator  of  a  school  district,  payable  to  A,  or  bearer, 
is  void  upon  its  face.  The  director  has  no  power  to  draw  any  order  on  the 
township  treasurer  for  any  money  of  the  district  in  his  hands,  payable  to 


78  DIGEST  OF  DECISIONS. 


any  one  but  the  district  assessor,  who  is  the  disbursing  officer  of  the  district. 
Fractional  School  District  No.  4  of  Macorrib  and  Chesterfield  v.  Mallary,  23 
Mich.,  111. 

•["64.  The  statute  expressly  requiring  the  township  treasurer  to  pay  the 
amount  of  taxes  raised  for  school  purposes  to  the  order  of  the  school  district 
officers,  his  liability  therefor  is  distinct  from  his  ordinary  liability  for  town- 
ship moneys,  and  cannot  be  released  or  in  any  way  affected  by  the  action  of 
the  township  board.  Jones  v.  Wright,  34  Mich.,  371. 

165.  A  township  treasurer  has  no  right  to  receive  for  school  moneys  any- 
thing which  the  law  has  not  authorized  to  be  so  received,  and  if  he  chooses 
to  do  so  and  to  receipt  for  the  taxes,  he  must  make  good  the  amount.  Ibid. 

T66.  A  town  treasurer  can  pay  school  moneys  only  to  the  school  district 
assessor,  and  then  only  on  the  warrant  of  the  proper  district  officers.  School 
District  No.  9  of  Midland  v.  School  District  No.  5  of  Midland,  40  Mich.,  551. 

167.  A  school  district  at  an  annual  meeting  may  lawfully  recognize  and 
pay  equitable   claims,  even  though   they  are  not  strictly  legal  demands, 
against  it.  Stoclcdale  v.  School  District  No.  2  of  Wayland  et  al,  47  Mich.,  226. 

168.  A  vote  to  issue  school  district  bonds  in  settlement  of  a  demand,  if  in 
excess  of  the  limit  fixed  by  law,  may  be  sustained  up  to  the  legal  limit. 
Ibid. 

169.  A  corporate  act  which  can  only  be  taken  by  a  two-thirds  vote,  can- 
not be  rescinded  by  a  bare  majority.     Ibid. 

170.  School  orders,  payable  to  bearer,  when  sold,  without  indorsement, 
at  a  discount,  and  it  not  appearing  that  the  vendor  was  asked  or  made  any 
representations  as  to  their  character  or  consideration,  it  was  held  that  in 
the  absence  of  false  representations  or  of  fraud,  the  purchasers  took  them 
for  what  they  were  worth,  and  had  no  cause  of  action  against  the  vendor. 
White  et  al.  v.  Eobinson,  50  Mich.,  73. 

171.  A  mandamus  will  lie  to  compel  a  township  treasurer  to  pay  to  the 
assessor  of  a  school  district  so  much  of  the  money  in  his  hands  as  is  covered 
by  the  warrant  of  the  director  of  the  district  drawn  in  favor  of  the  assessor 
and  in  proper  form,  even  though  it  does  not  specify  a  precise  sum  but  is  for 
all  such  money  in  his  hands  as  was  raised  for  the  purposes  of  the  school  dis- 
trict and  belonged  thereto.     Bryant  v.  Moore,  50  Mich.,  225. 

172.  The  custodian  of  public  funds  is  bound  to  make  payments  on  a 
proper  warrant  to  the  extent  of  the  moneys  lawfully  in  his  hands,  and  can- 
not refuse  on  the  ground  that  his  right  to  the  custody  of  the  remainder  is 
disputed.     Ibid. 

173.  Mandamus  to  compel  the  payment  of  money  may  be  granted  so  far 
as  concerns  a  portion  of  the  demand,  while  as  to  the  rest  the  application  is 
dismissed.     Ibid. 

IT 74.  When  the  moderator  and  assessor  of  a  school  district  are  sued  upon 
an  order  signed  by  them,  a  finding  that  it  was  signed  on  a  false  and  fraudu- 
lent statement  that  the  school  director  approved  and  would  sign  it,  and  on 
condition  that  it  should  be  of  no  force  unless  he  did  sign  it,  and  the  farther 
finding  that  there  was  no  purpose  to  contract  except  for  the  district,  defeats 
an  action  thereon  in  the  absence  of  any  showing  of  subsequent  action  creat- 
ing contract  relations,  or  of  any  action  by  defendants,  taken  with  a  knowl- 
edge of  the  facts  and  estopping  them  personally.  Kane  v.  Stowe,  50  Mich.,. 
317. 


DIGEST  OF  DECISIONS.  79 

.  Mandamus  to  compel  a  school  district  assessor  to  pay  a  school  order 
was  allowed  where  the  court  was  satisfied  there  was  no  valid  defense.  Martin 
v.  Tripp,  51  Mich.,  184. 

^"76.  Interest  from  the  time  of  demand  may  be  allowed  in  granting  man- 
damus for  the  payment  of  a  school  order  when  it  is  such  a  settled  demand 
as  would  sustain  a  recovery  of  interest  at  law.  Ibid. 

^"77.  Mandamus  will  lie  on  relation  of  a  school  district  assessor  to  compel 
the  clerk  of  a  township  to  which  the  district  formerly  belonged,  to  certify  to 
the  supervisor  of  the  township  to  which  it  now  belongs  the  amount  ascer- 
tained by  the  school  inspectors  as  due  to  the  new  district  from  what  remained 
of  the  old  district  out  of  which  it  was  erected.  Ramsey  v.  Cleric  of  Everett 
Township,  52  Mich.,  344. 

^[78.  A  town  treasurer  refusing  to  pay  a  warrant  drawn  in  favor  of  the 
assessor,  whose  official  character  is  not  questioned,  on  the  ground  that  the 
moderator,  who  has  been  recognized  as  such  by  the  other  district  officers,  is 
not  a  legal  officer,  assumes  a  serious  responsibility.  The  court  issued  a  man- 
damus requiring  the  town  treasurer  to  pay  the  order.  School  District  No.  8 
of  Tallmadge  Toivnship  v.  Rooty  Town  Treasurer,  61  Mich.,  373. 


VI. 


If 79.  When  a  contract  for  hiring  a  teacher  has  been  signed  by  the  director 
of  the  school  district  and  by  the  teacher,  and  the  moderator  writes  upon  it 
"approved,"  and  subscribes  it  as  moderator,  such  approval  and  signature 
will  be  treated  as  in  legal  effect  a  signature  of  the  contract  by  such  moder- 
ator. Everett  v.  Fractional  School  District  No.  2  of  Cannon,  30  Mich.,  249. 

1 80.  The  provision  of  the  statute  that  the  contract  for  hiring  a  school 
teacher  shall  require  the  teacher  to  keep  a  correct  list  of  the  pupils,  and  the 
age  of  each  attending  the  school,  etc.,  imposes  the  duty  upon  the  teacher  of 
keeping  such  list,  and  this  becomes  in  legal  effect  a  part  of  his  contract, 
whether  the  written  contract  expressly  stipulates  for  it  or  not.     Ibid. 

181.  The  provision  of  the  statute  requiring  the  keeping  of  a  list  of  pupils, 
etc.,  to  be  inserted  in  the  contract  is  merely  directory,  and  does  not  render 
invalid  a  contract  from  which  such  requirement  has  been  omitted,  provided 
it  be  good  in  other  respects  and  entered  into  in  good  faith.     Ibid. 

^82.  A  school  district  is  a  municipal  corporation  and  cannot  be  garnished 
even  by  its  own  consent,  unless  the  debtor  also  consents.  School  District 
No.  4  of  Marathon  v.  Gage,  39  Mich.,  484. 

^83.  It  is  against  public  policy  to  allow  the  wages  of  persons  in  public 
employments  to  be  reached  by  garnishment.  Ibid. 

^84.  School  managment  should  always  conform  to  those  decent  usages 
which  recognize  the  propriety  of  omitting  to  hold  public  exercises  on  recog- 
nized holidays;  and  it  is  not  lawful  to  impose  forfeitures  or  deductions  for 
such  proper  suspension  of  labor.  All  contracts  for  teaching  during  periods 
mentioned  must  be  construed  of  necessity  as  subject  to  such  days  of  vacation, 
and  there  can  be  no  penalty  laid  upon  such  observances,  in  the  way  of  for- 
feitures or  deductions  of  wages.  School  District  No.  4  of  Marathon  v.  Gage, 
39  Mich.,  484.  [NOTE. — The  legal  holidays  established  by  statute  are  New 


SO  DIGEST  OF  DECISIONS. 

Year's  day  (January  1),  Washington's  birth-day  (February  22),  Decoration 
day  (May  30),  Independence  day  (July  4),  Christmas  day  (December  25), 
and  any  day  appointed  by  the  president  or  governor  as  a  day  of  fasting  and 
prayer,  or  of  general  thanksgiving.  Whenever  a  legal  holiday  falls  on  Sun- 
day, the  Monday  next  succeeding  is  to  be  observed  instead.  Act  No.  124, 
Laws  of  1865,  as  amended  by  Act  No.  163,  Laws  of  1875,  and  Act  No. 
208,  Laws  of  1881.] 

^"85.  If  a  teacher  is  employed  for  a  definite  time,  and,  during  the  period 
of  his  employment,  the  district  officers  close  the  schools  on  account  of  the 
prevalance  of  contagious  diseases,  and  keep  them  closed  for  a  time,  and  the 
teacher  continues  ready  to  perform  his  contract,  he  is  entitled  to  full  wages 
during  such  period.  The  act  of  God  is  not  an  excuse  for  non-performance  of 
a  contract  unless  it  renders  performance  impossible ;  if  it  merely  makes  it 
difficult  and  inexpedient,  it  is  not  sufficient.  Although  under  such  circum- 
stances it  is  eminently  prudent  to  dismiss  school,  yet  this  affords  no  reason 
why  the  misfortune  of  the  district  should  be  visited  upon  the  teacher. 
Dewey  v.  Union  School  District  of  Alpena,  43  Mich.,  480. 

^[86.  The  statute  empowers  the  board  of  trustees  of  a  graded  school  dis- 
trict to  employ  all  teachers  necessary,  and  what  teachers  are  necessary  is  left 
to  be  decided  by  the  sound  discretion  of  the  trustees.  The  making  of  a 
contract  with  a  teacher  is  within  the  authority  of  a  board  of  trustees,  and, 
when  made,  neither  the  trustees  nor  the  voters  at  an  annual  meeting  have 
power  to  impair  its  obligation.  Tappan  v.  School  District  No.  1  of  Carroll- 
ton,  44  Mich.,  500. 

T87.  In  a  suit  by  a  teacher  on  a  contract,  the  plaintiff  is  not  bound  to 
produce  the  contract  as  proof  of  her  certificate  of  qualification,  and  it  is  not 
error  to  allow  her  to  give  parol  proof  that  she  has  one.  School  District  No. 
1  of  Manistee  Township  v.  Cook,  47  Mich.,  112. 

T88.  In  an  action  by  a  teacher  on  a  contract,  where  it  was  alleged  as  error 
that  the  contract  was  allowed  in  evidence  without  proof  that  those  who  acted 
for  the  school  district  in  making  it  were  not  authorized,  it  was  held  that 
this  allegation  did  not  sufficiently  present  the  objection  that  the  officers 
of  the  district  were  not  competent  to  bind  it  by  a  contract  extending  beyond 
the  current  year,  especially  as  there  was  evidence  that  the  officers  were  in 
possession  and  presumptively  competent,  and  there  was  no  evidence  that 
they  were  not  authorized  to  employ  teachers.  Ibid. 

^[89.  A  school  teacher  cannot  be  lawfully  employed  excepting  at  a  meet- 
ing of  the  board.  Hazen  v.  Lerche,  47  Mich.,  626. 

1~90.  A  contract  with  a  teacher,  if  signed  by  a  majority  of  the  board,  is 
presumptively  valid  on  its  face  and  admissible  in  evidence  without  further 
proof.  The  payment  by  the  assessor,  without  objection,  of  orders  drawn  on 
him  by  the  director  and  moderator  for  salary  of  teacher  estops  the  district 
from  denying  validity  of  contract  under  which  such  services  were  rendered, 
and  amounts  to  a  ratification  of  the  contract,  and  direct  proceedings  by  the 
district  board  are  not  essential  to  such  ratification.  Crane  v.  School  District 
No.  6  of  Bennington  Township,  61  Mich.,  299. 

^91.  A  teacher's  contract  is  sufficiently  executed  if  signed  by  the  director 
and  assessor.  Simultaneous  signing  is  not  necessary.  Halloway  v.  School 
District  No.  9  of  Ogden  Township,  62  Mich.,  153. 

192.  School  district  officers  should  know  under  what  authority  a  teacher 
assumes  to  act,  and  cannot,  by  failing  to  hold  meetings,  set  up  their  own 


DIGEST  OF  DECISIONS.  81 

wrong  as  a  defense  to  an  honest  claim.  A  contract  signed  by  the  required 
number  of  officers,  under  which  the  teacher  is  permitted  to  teach  with 
knowledge  of  the  entire  board,  will  be  presumed  valid.  A  contract  valid 
on  its  face  and  fully  performed,  with  acquiesence  of  all  concerned,  cannot 
be  repudiated.  Ibid. 

^[93.  Although  HowelFs  Statutes  §4969,  declares  that  a  certificate  from 
the  state  normal  school  shall  serve  as  a  certificate  of  legal  qualification  to 
teach  when  filed  in  the  county,  city,  township  or  district,  failure  to  file  it 
until  after  making  a  contract  to  teach  is  no  defense  to  an  action  for  salary 
earned  after  it  was  filed.  Smith  v.  School  District  No.  2  of  Pleasant  Plains, 
39  N.  W.  Kep.,  567. 

1"94.  The  general  policy  of  the  school  law  is  that  schools  shall  be  taught 
by  qualified  teachers,  but  necessities  may  arise  where  this  cannot  be  done.  A 
district  may  be  unable  to  find  a  qualified  teacher.  Where  the  employment 
of  an  unqualified  teacher  is  a  necessity,  the  school  district  is  authorized  to 
employ  one  who  has  not  the  proper  certificate,  if  the  school  board  are  satis- 
fied that  the  teacher  is  otherwise  qualified,  and  to  pay  such  teacher  out  of 
the  moneys  belonging  to  the  district.  But  the  primary  school  moneys  and 
mill  tax  cannot  be  applied  to  that  purpose.  State  ex  rel.  Hale  v.  Risley, 
Moderator,  37  N.  W.  Rep.,  570. 

T95.  Under  HowelPs  Statutes  §5154,  which  provides  that  the  secretary  of 
the  board  of  school  examiners  shall  have  power  to  grant  special  certificates 
of  qualification  to  teachers,  which  shall  not  continue  in  force  beyond  the 
next  public  examination  by  the  board,  the  secretary  has  no  power  four  days 
after  such  examination,  to  grant  a  special  certificate  to  a  person  who  had 
been  teaching  under  a  special  certificate  granted  by  the  secretary,  but  who 
failed  to  pass  the  public  examination.  Lee  v.  School  District  No.  2  of  Alcona 
Township,  38  N.  W.  Kep.,  867. 

^"96.  The  fact  that  a  third  person,  at  a  public  examination  of  teachers, 
acted  with  a  majority  of  the  board  of  examiners  in  conducting  the  examina- 
tion, does  not  invalidate  the  proceedings,  and  a  person  who  failed  to  pass 
cannot  complain  where  it  does  not  appear  that  such  third  person  had  any- 
thing to  do  with  her  failure  to  get  a  certificate.  Ibid. 


VII. 

LIABILITIES   OF   DISTRICTS. 

f  97.  The  director  of  a  school  district  is  not  legally  entitled  to  compensa- 
tion from  the  district  for  his  services.  Hinman  v.  School  District  No.  1,  4 
Mich.,  168.  [NOTE. — The  law  is  since  changed  so  as  to  authorize  compensa- 
tion to  be  voted  by  the  district.  General  School  Laws  of  1889,  §27.] 

198.  Where  two  districts  are  united  under  the  statute,  the  new  district  i& 
alone  liable  for  all  the  former  debts  of  each;  and  a  judgment  afterwards  ren- 
dered against  one  of  the  former  districts  is  a  nullity.  Brewer  v.  Palmer,  13 
Mich.,  104. 

^[99.  Charts  or  cards  containing  the  multiplication  table,  practical  forms 
of  business  contracts,  and  also  brief  mention  of  prominent  historical  events, 
and  designed  for  uee  in  school-rooms,  are  held  not  to  be  necessary  appendages 
for  the  school-house,  within  the  meaning  of  the  statute,  such  as  the  director 


82  DIGEST  OF  DECISIONS. 

is  required  to  provide.     Gibson  v.  School  District  No.  5  of  Vevay,  36  Mich., 
404. 

1100.  There  was  no  such  necessity  for  the  purchase  of  these  charts  as  would 
bring  the  case  within  the  principles  of  School  District  v.  Snell  (See  1(103),  24 
Mich.,  350.     Ibid. 

1101.  The  purchase  of  these  charts  by  the  director,  without  instruction 
from  the  district  board,  being  unauthorized  and  void  as  to  the  district,  his 
retention  of  them,  and  occasionally  placing  them  in  the  school-house,  could 
not  operate  as  a  ratification  by  the  district  of  his  unauthorized  purchase. 
Ibid. 

1 102.  Orders  due  from  one  district  to  another  are  not  enforceable  by  man- 
damus at  the  suit  of  one  to  whom  they  have  been  assigned.     Maltz  v.' Board 
of  Education,  41  Mich.,  547. 

1103.  Where  the  officers  of  a  school  district  purchased  for  the  district  a 
set  of  bound  books  and  some  blanks,  suitable  for  the  purposes  of  the  district, 
at  their  fair  value,  and  while  the  district  was  not  properly  supplied  with  such 
materials,  in  the  absence  of  any  showing  that  the  discretion  of  such  officers 
was  abused  or  exceeded,  the  district  is  liable.    School  District  No.  4  of  Easton 
v.  Snell,  24  Mich.,  350. 

1104.  One  school  district  that  has  wrongfully  received  money  belonging 
to  another  cannot,  in  an  action  by  the  latter  to  recover  it,  require  any  strict 
proof  of  the  regularity  of  the  proceedings  authorizing  it  to   be  collected. 
School  District  No.  9  of  Midland  v.  School  District  No.  5  of  Midland,  40 
Mich.,  551. 

1105.  Where  a  school  district  is  parceled  out  among  three  other  existing 
districts,  the  latter  cannot  be  held  jointly  liable  for  a  debt  of  the  former 
district ;  whatever  they  are  bound  to  pay  must  be  a  several,  and  not  a  joint 
obligation.     Halbert  v.  School  Dists.,  etc.,  36  Mich.,  421. 

1106.  The  statute  having  confided  the  management  of  suits  brought  against 
a  school  district  to  the  assessor  when  no  other  direction  has  been  given  by  the 
voters  in  district  meeting,  the  moderator  and  director,  though  constituting  a 
majority  of  the  district  board,  have  no  authority  to  take  the  defense  of  a  suit 
from  the  assessor ;  the  control  of  suits  is  not  among  the  powers  or  duties  con- 
fided by  the  statutes  to  the  district  board.     School  District  No.  4  of  Rush  v. 
Wing,  30  Mich.,  351. 

1107.  The  suggestion  that  the  action  of  the  assessor  in  this  case  was  such 
as  to  be  evidence  of  an  adverse  interest  is  disregarded ;   such  a  suggestion 
might  be  made  in  any  case  where  the  assessor  had  refused  to  yield  his  legal 
authority  to  another.     Hid. 

1"108.  A  judgment  for  costs  against  the  district  on  the  dismissal  of  an 
appeal  taken  in  the  name  of  the  district  by  the  director,  without  the  authority 
or  assent  of  the  assessor,  on  the  ground  that  the  district  had  not  appealed, 
is  held  to  be  erroneous.  Ibid. 

^[109.  Costs  are  not  awarded  against  the  school  district  in  this  court,  on  a 
writ  of  error  brought  without  authority  of  the  assessor,  to  review  such  dis- 
missal. Ibid. 

1110.  A  mandamus  will  lie  to  compel  a  school  district  to  pay  orders  issued 
by  it,  even  though  the  district  has  since  been  subdivided,  where  statutory 
provision  for  distributing  the  original  liability  has  not  been  carried  out. 
Turnlull  v.  Board  of  Education,  45  Mich.,  496.  • 


DIGEST  OF  DECISIONS.  83 

Interest  upon  orders  issued  by  a  school  district  is  denied  upon  grant- 
ing a  mandamus  to  compel  their  payment  if  no  authority  has  been  given  to 
impose  it.  Ibid. 

VIII. 

TUITION   OF   NON-RESIDENT   PUPILS. 

^[112.  Before  any  action  can  be  maintained  under  the  statutes,  for  the 
tuition  of  non-resident  pupils,  the  district  board  must  first  fix  and  determine 
the  rate  of  tuition  of  such  pupils;  and  this  should  be  by  resolution  of  the 
board,  properly  recorded  by  the  director  in  the  records  of  the  district ;  and 
the  fact  that  such  action  has  been  taken,  cannot  be  shown  by  parol,  if 
objected  to.  Thompson  v.  School  District  No.  6  of  Crockery,  25  Mich.,  483. 

IX. 

ADMISSION   OF   COLORED   CHILDREN   TO   SCHOOL. 

T113.  The  amendment  to  the  primary  school  law  of  1867 — Laws  of  1867, 
vol.  1,  p.  42  [General  \School  Laws  of  1889,  §  45,] — giving  equal  rights  in 
the  schools  to  all  residents,  is  applicable  to  the  city  of  Detroit,  and  precludes 
the  board  of  education  of  that  city  from  excluding  a  child  from  any  public 
school  on  the  ground  of  color.  People  v.  Board  of  Education,  18  Mich.,  400. 

X. 

SCHOOL   SITES   AND   SCHOOL-HOUSES. 

1"114.  Notice  of  a  meeting  of  the  board  of  school  inspectors  to  change  a 
school-house  site  is  necessary.  Andress  v.  School  Inspectors  of  Williams- 
town,  19  Mich.,  332.  (See  1"!  preceding.) 

1"115.  The  board  of  inspectors  have  no  power  to  change  a  school-house 
site  on  a  written  request  of  a  majority  of  qualified  voters  of  the  district 
except  in  cases  where  the  site  has  been  fixed  by  them  because  the  inhabit- 
ants were  unable  to  agree  upon  a  site.  Hid. 

1116.  The  jurisdiction  to  condemn  lands  for  a  school-house  site  is  invoked 
by  presenting  to  the  proper  officer  a  petition  designating  the  site  and  show- 
ing disagreement  with  the  owner  as  to  compensation  for  it.  Smith  v.  School 
District  No.  2  of  Milton,  40  Mich.,  143. 

T117.  In  proceedings  to  condemn  land  for  a  school-house  site,  the  circuit 
judge  is  not  required  to  act  in  preference  to  a  circuit  court  commissioner. 
Ibid. 

1118.  When  the  owner  of  land  that  is  sought  for  a  school-house  site  is 
represented  at  the  proceedings  to  condemn  it,  he  is  deemed  to  waive  objec- 
tjon  to  jurors  if  he  does  not  challenge  them  at  the  time.  Ibid. 

1"119.  When  the  petition,  notice,  venire,  finding  and  commissioner's  cer- 
tificate in  proceedings  to  condemn  land  for  a  school-house  site  are  regular 
on  their  face,  and  show  full  compliance  with  statutory  requirements,  the 


84  DIGEST  OF  DECISIONS. 


proceedings  are  presumed  regular,  and  if  the  parties  interested  were  repre- 
sented, and  omit,  on  filing  the  proceedings,  to  inake  a  sworn  showing  to  the 
circuit  court  of  any  other  defects — such  as  an  omission  to  designate  the  site 
to  the  jury — they  cannot  rely  on  it  thereafter.  Ibid. 

^120.  A  school  district  contracting  for  the  building  of  school-house 
within  a  stated  time,  is  bound  to  furnish  a  suitable  site  therefor  within  such 
reasonable  time  that  the  constructors  shall  not  be  delayed  on  their  part. 
Todd  et  al.  v.  School  District  No.  1  of  Greenwood,  40  Mich.,  294. 

T121.  Under  a  contract  for  the  construction  of  a  school  building,  which 
provides  that  the  work  shall  be  "executed  in  the  best  and  most  workman- 
like manner,  and  agreeably  to  such  directions  as  may  be  given  from  time  to 
time"  by  the  architect  or  his  assistant  [the  local  superintendent  of  the  work, 
employed  by  the  district],  "and  to  his  full  and  entire  satisfaction,  without 
reference  thereon  to  any  other  person ;"  that  all  claims  for  alterations  or 
extras  were  to  be  judged  of,  determined,  and  adjusted  "solely  by  the  super- 
intendent," and  that  payment  should  be  made  on  the  certificate  of  the  archi- 
tect, or  superintendent,  partly  on  monthly  estimates,  from  time  to  time,  and 
the  balance  on  completion  of  the  building;  whatever  passed  under  the 
inspection  of  the  superintendent  as  the  work  progressed,  and  was  in  good 
faith  approved  by  him,  expressly  or  by  implication,  was  not  open  to  objec- 
tion on  the  part  of  the  district  afterwards ;  and  the  certificate  of  the  archi- 
tect was  not  a  condition  precedent  to  the  right  of  the  contractor  to  recover 
for  the  work  so  approved.  Wilday  v.  Fractional  School  District  No.  1  of 
Paw  Paw  and  Antwerp,  25  Mich.,  419. 

^"122.  Variances  from  such  a  contract  which  have  been  treated  at  the  time 
as  immaterial  by  both  parties  will  not  afterwards  be  held  to  be  departures 
from  the  contract ;  and  what  was  regarded  at  the  time  as  substantial  com- 
pliance with  its  terms,  constitutes  a  performance  in  law.  Ibid. 

^"123.  Intentional  departures  from  such  contract,  made  without  the  con- 
sent, express  or  implied,  of  the  district  officers,  architect,  or  superintendent, 
and  in  disregard  of  their  directions,  would  not  bar  a  recovery  for  other  por- 
tions of  the  work  which  were  duly  approved ;  but  the  district  would  have  a 
right  to  insist  on  the  proper  changes  in  the  work  to  make  it  conform  to  the 
contract,  and  to  recover  any  damages  sustained  by  the  failure.  Ibid. 

Ifl24.  The  mere  fact  of  taking  possession  and  occupying  the  building  by 
the  district  for  their  schools,  after  the  time  when,  by  the  contract,  it  was  to 
be  completed,  would  not,  of  itself,  constitute  an  acceptance  which  should 
bar  any  claim  on  the  part  of  the  district  to  insist  upon  a  rectification  of  any 
faults,  or  the  payment  of  any  damages  they  may  have  suffered  by  the  fail- 
ure in  strict  compliance ;  but  the  fact  of  making  payments  afterward  with- 
out objection,  the  manner  of  taking  possession,  and  whether  with  or  without 
objection  to  any  variation, would  have  an  important  bearing  on  the  question 
of  fact,  whether  any  rights  were  intentionally  waived,  or  whether  there  was 
a  purpose  to  accept  the  building  as  completed  in  substantial  compliance  with 
the  contract.  Ibid. 

T~125.  Mandamus  will  not  lie  to  compel  a  circuit  judge  to  overrule  his 
finding  that  the  proceedings  taking  for  the  condemnation  of  a  site  for  a 
school-house  were  irregular,  and  to  compel  him  to  enter  judgment  for  the 
amount  found  due.  School  District  No.  5  of  the  Township  of  Delhi  v.  The 
Circuit  Judge  for  Ingham  Coanty,  49  Mich.,  432. 


DIGEST  OF  DECISIONS.  85 


Proceedings  to  condemn  land  for  a  school-house  site  will  be  quashed 
if  there  is  no  lawful  designation  thereof  shown  by  the  records.  Heck  v. 
School  District  No.  2  of  Essex,  49  Mich.,  551. 

T127.  -The  school  law  (Act  164  of  1881)  permits  land  to  be  condemned  for 
school  purposes  only  when  a  site  has  been  lawfully  determined,  and  it  con- 
fines the  power  of  the  township  inspectors  to  determine  the  site  to  cases 
where  the  inhabitants  themselves  cannot  do  it.  And  it  seems  that  more 
than  one  site  cannot  be  designated  except  by  the  inhabitants.  Hid. 

^[129.  The  justice  to  whom  a  petition  for  the  condemnation  of  land  for  a 
school-house  site  is  presented,  is  not  empowered  to  hear  evidence  or  pass  on 
any  of  the  merits.  Hid. 

^"130.  Where  proceedings  to  condemn  land  for  a  school-house  site  are 
brought  before  a  jury,  proof  of  a  legal  selection  of  a  site  must  be  made  to 
them,  and  without  it  they  cannot  find  it  to  be  necessary  to  condemn  it. 
Ibid. 

1[131.  A  lease  to  a  school  district,  to  hold  the  property  "  during  the  time 
it  is  used  for  school  purposes,"  is  a  lease  in  perpetuity  at  the  will  of  the 
lessee ;  and  as  the  lessee  is  a  corporation,  and  words  of  inheritance  are  not 
required,  the  lease,  if  a  present  consideration  is  paid,  really  operates  as  a 
bargain  and  sale,  and  conveys  a  base  or  determinable  fee.  This  is  sufficient 
to  satisfy  the  provisions  of  the  school  law,  which  requires  a  title  in  fee  or  a 
lease  for  ninety-nine  years  where  land  is  to  be  secured  for  erecting  a  stone  or 
brick  school-house.  School  District  No.  5  of  Delhi  v.  Everett,  52  Mich.,  314. 

T132.  After  the  lapse  of  a  dozen  years  it  is  too  late  to  disturb  the  title  to 
a  school-house  site  by  mere  questions  of  regularity  in  the  proceedings  to  des- 
ignate it.  Ibid. 

^[133.  A  surety  on  a  bond  given  to  secure  the  performance  of  a  contract 
for  building  a  school-house  cannot  recover  of  the  trustees  of  the  district  for 
moneys  due  him  for  materials  furnished  in  the  erection  of  the  building,  by 
reason  of  their  failure  to  require  the  contractor  to  execute  the  statutory  bond 
provided  for  by  act  No.  94,  Laws  of  1883.  Owen  v.  Hill  et  al,  67  Mich.,  43. 

1T134.  Whether  such  trustees  are  liable  in  any  event  for  such  neglect  of 
duty,  query, — Sherwood  and  Champlin,  J.  J.,  holding  them  so  liable,  and 
Campbell,  C.  J.,  and  Morse,  J.,  reserving  their  opinion  on  the  subject.  Ibid. 


XL 

GRADED   AKD   HIGH   SCHOOLS. 

^[135.  The  right  of  school  authorities  in  union  school  districts  of  this  State 
to  levy  taxes  upon  the  general  public  for  the  support  of  high  schools,  and 
by  such  taxation  to  make  free  the  instruction  of  children  in  other  languages 
than  English,  is  sustained.  Stuart  v.  School  District  No.  1  of  Kalamazoo, 
30  Mich.,  69. 

1136.  A  school  district  which  has  assumed  to  possess  and  exercise  all  the 
rights  and  franchises  of  a  regularly  organized  corporation  for  thirteen  years, 
with  entire  acquiescence  of  everybody,  is  not  liable  to  have  the  regularity  of 
its  organization,  or  of  the  legislation  under  which  it  acted,  called  in  question 
thereafter  in  a  merely  private  and  collateral  suit.  Ibid. 
11 


86  DIGEST  OF  DECISIONS. 

1"137.  Whether  or  not  the  statute  of  limitations  applies  in  terms  to  a  case 
where  it  is  not  so  much  the  organization  of  the  school  district  that  is  ques- 
tioned as  its  authority  to  establish  a  high  school  and  levy  taxes  therefor,  it 
is  strictly  applicable  in  principle.  Ibid. 

1"138.  The  organization  claimed  and  asserted  by  the  district  being  that  of 
a  union  school  district,  the  presumption  of  organization  arising  from  its 
user  of  corporate  power  must  be  that  of  such  an  organization  as  its  user 
indicates,  and  whether  or  not  an  acquiescence  for  the  statutory  period  of 
two  years  will  raise  the  presumption  of  regular  organization,  one  of  thirteen 
years  certainly  will.  Ibid. 

1139.  The  State  policy  of  Michigan  on  the  subject  of  education,  and  of 
the  territory  before  the  State  was  organized,  beginning  in  1817  and  continu- 
ing down  until  after  the  adoption  of  the  present  constitution,  having  been 
reviewed  and  considered,  the  conclusion  is  reached  that  there  is  nothing  in 
our  State  policy,  or  in  our  constitution,  or  in  our  laws,  restricting  the 
primary  school  districts  of  the  State  in  the  branches  of  knowledge  which 
their  officers  may  cause  to  be  taught,  or  the  grade  of  instruction  that  may 
be  given,  if  the  voters  of  the  district  consent  in  regular  form  to  bear  the 
expense  and  raise  the  taxes  for  the  purpose,  or  to  prevent  instruction  in  the 
classics  and  living  modern  languages  in  these  schools.  Ibid. 

1"140.  The  power  to  make  the  appointment  of  a  superintendent  of  schools 
in  a  union  school  district  is  one  that  is  incident  to  the  full  control  which  by 
law  the  district  board  has  over  the  schools  of  the  district.  Ibid. 

T141.  The  decree  below,  dismissing  the  bill  filed  in  this  case  to  restrain 
the  collection  of  such  portion  of  the  school  taxes  assessed  against  the  com- 
plainants for  the  year  1872  as  has  been  voted  for  the  support  of  the  high 
school  in  the  village  of  Kalamazoo  and  for  the  payment  of  the  salary  of  the 
superintendent,  is  affirmed.  Ibid. 

1142.  The  board  of  trustees  of  a  graded  school  have  authority  to  purchase 
a  piano  for  the  purposes  of  a  high  school.  Knabe  et  al.  v.  The  Board  of  Edu- 
cation of  the  City  of  West  Bay  City,  67  Mich.,  262. 

1"143.  When  the  law  gives  the  board  of  trustees  power  to  prescribe  the 
course  of  studies,  it  gives  them  the  authority  to  provide  means  to  carry  the 
power  into  effect.  Ibid. 

XII. 

LIBRARY  MONEYS. 

1144.  The  treasurer  of  the  board  of  school  inspectors,  and  not  the  town- 
ship treasurer,  is  the  proper  custodian  of  the  township  library  money ;  and 
the  latter  officer,  on  proper  demand,  is  bound  to  pay  it  over  to  the  former, 
and  is  not  entitled  to  withhold  it  until  it  is  drawn  by  the  inspectors  as  needed 
for  specific  appropriations ;  and  mandamus  will  lie  to  enforce  the  perform- 
ance of  this  duty.     McPharlin  v.  Mahoney,  30  Mich.,  100. 

1 145.  It  is  a  sufficient  ground  for  an  application  for  mandamus  to  enforce 
such  payment,  that  the  township  treasurer,  when  an  order  was  properly 
drawn  on  him  by  the  inspectors  for  such  money,  but  for  an  amount  slightly 
in  excess  of  the  money  in  his  hands,  refused  to  pay  over  what  he  had,  not 
upon  the  ground  that  the  order  was  too  large  a  sum,  but  upon  the  distinct 
assertion  that  he  was  himself  tlie  proper  custodian  of  the  funds,  and  was  not 


DIGEST  OF  DECISIONS.  87 

bound  to  pay  them  over  except  as  they  were  required  by  the  inspectors  foi 
specific  purposes.    Ibid. 

1"146.  Under  the  constitution  and  statutes,  all  moneys  which  are  paid  into 
the  office  of  the  county  treasurer,  on  account  of  fines,  penalties,  forfeitures 
and  recognizances,  are  to  be  credited  to  the  library  fund,  and  apportioned 
and  paid  over  by  the  treasurer  to  the  proper  local  officers,  without  any 
deduction  for  expenses,  either  attending  the  collection  of  the  particular  sums 
paid  in,  or  embracing  the  general  criminal  expenses  of  the  county.  Board 
of  Education  of  Detroit  v.  Treasurer  of  Wayne  County,  8  Mich.,  392. 


XIII. 

MISCELLANEOUS. 

1"147.  A  communication,  representing  that  a  certain  person  was  of  bad 
moral  character,  and  wholly  unfit  to  teach  and  have  the  care  of  a  district 
school,  made  to  a  township  superintendent  by  persons  interested  in  a  partic- 
ular school  within  his  jurisdiction,  for  the  sole  purpose  of  preventing  the 
issue  to  the  person  so  charged  of  a  license  to  teach  the  school,  is  held  to  be  a 
privileged  communication,  and  not  actionable.  Wieman  v.  Mabee,  45  Mich., 
484. 

^[148.  An  action  will  not  lie  on  a  communication  relating  to  personal 
character,  if  made  in  good  faith  and  for  an  honest  purpose  by  persons  con- 
cerned, and  to  the  proper  person.  Nor  will  it  lie  when  such  a  communica- 
tion is  untrue,  if  it  is  not  maliciously  made.  Ibid. 

1~149.  A  school  director  has  authority,  in  the  exercise  of  a  sound  discretion, 
to  buy  new  seats  for  a  school-house  under  a  resolution  adopted  at  the  annual 
meeting  of  the  school  district  "that  the  school  board  fix  the  school-house 
ready  for  the  winter  term."  McLaren  v.  Town  Board  of  Akron,  48  Mich.,  189. 

1"150.  Act  164  of  1881,  in  authorizing  the  removal  of  a  school  district 
officer  for  illegally  using  or  disposing  of  any  of  the  public  moneys  entrusted 
to  his  care,  does  not  cover  a  charge  of  conspiring  with  a  woman  moderator 
to  hire  her  husband  as  teacher  and  pay  him  more  than  was  necessary  to 
obtain  a  good  teacher.  Ibid. 

1T151.  If  one  of  two  parties  claiming  the  office  of  moderator  obtains  a 
judgment  of  ouster  against  co-claimant  and  is  recognized  by  the  director  and 
assessor,  he  becomes  an  incumbent  of  the  office  de facto,  and  his  action  will 
be  respected  while  in  office.  School  District  No.  8  of  Tallmadge  Township  v. 
Root,  Town  Treasurer,  61  Mich.,  373. 

1152.  The  practice  of  taking  "informal  ballots"  at  regular  elections  has 
no  legal  sanction,  may  mislead  voters  and  is  open  to  grave  abuse  and  is  so 
held  when  indulged  in  at  annual  school  meeting.  Ibid. 

^"153.  A  line  fence  around  the  school-house  site  is  a  "necessary  appendage" 
within  the  meaning  of  the  statute.  "Appendages"  under  the  school  statutes, 
includes  fuel,  fences,  and  necessary  out-houses.  The  duty  of  the  director  to 
provide  the  same  is  not  confined  to  the  school  term.  They  should  be  on 
hand  when  the  school  opens.  It  then  becomes  his  duty  to  keep  the  same  in 
repair,  as  also  the  school-house.  Greager  v.  School  District  No.  9  of  Wright 
Township,  62  Mich.,  101. 

1"154.  Direction  for  the  payment  of  primary  school  money  apportioned  by 


88  DIGEST  OF  DECISIONS. 

the  superintendent  of  public  instruction  as  between  districts,  if  accompany- 
ing the  apportionment,  cannot  be  altered  or  modified  by  the  town  clerk. 
Moiles,  Assessor  v.  Watson,  Treasurer,  &c.,  60  Mich.,  415. 

^"155.  Title  of  de  facto  officer  will  not  be  tried  on  application  for  manda- 
mus. Ibid. 

^[156.  The  mother  of  a  child  included  in  the  school  census  of  the  district, 
who  had  resided  therein  more  than  three  months,  and  was  more  than  twenty- 
one  years  of  age,  was  entitled  to  vote  at  a  school  meeting  for  school  trustees, 
though  the  constitution  of  Michigan  limits  the  right  of  suffrage  to  males, 
as  the  constitutional  qualifications  do  not  apply  to  officers  for  which  the 
legislature  has  the  right  to  provide,  among  which  are  school  trustees.  Belles 
v.  Burr  et  al,  43  N.  W.  Eep.,  24. 

(NOTE — This  decision  does  not  apply  to  cities  whose  charters  provide  that 
school  officers  shall  be  voted  for  on  the  same  ballot  with  other  municipal 
officers  at  a  general  election.  See  Mudge  v.  Jones,  59  Mich.,  165.) 

^157.  A  rule  by  a  school  board  that  "pupils  who  shall  in  any  way  deface 
or  injure  the  school  building,  out  houses,  furniture,  maps  or  anything  else 
belonging  to  the  school,  shall  be  suspended  from  school  until  full  satisfac- 
tion is  made"  will  not  be  enforced  against  a  boy  who  accidentally  breaks  a 
window  glass.  Such  a  rule  will  not  be  sustained  where  the  act  was  done 
merely  through  carelessness  or  negligence,  but  it  must  be  wilful  or  mali- 
cious to  warrant  suspension  from  school.  Joseph  H.  Holman  v.  Trustees  oj 
District  No.  5,  Township  of  Avon.  Opinion  filed  Nov.  8, 1889. 


APPENDIX  B. 


FORMS  FOR  PROCEEDINGS  UNDER  THE  SCHOOL  LAWS. 


NOTE. — The  following  blank  forms  do  not  comprise  a  full  set  for  all  purposes  under 
the  school  laws.  All  furnished  by  the  Superintendent  of  Public  Instruction,  together 
with  such  as  may  be  required  in  proceedings  where  the  services  of  attorneys  are 
usually  employed,  and  a  few  for  which  those  published  may  be  readily  adapted,  are 
omitted.  Officers  are  advised,  when  performing  any  duty  to  which  these  forms  are 
applicable,  to  use  them  in  preference  to  others,  as  by  this  means  uniformity  of  admin- 
istration is  secured,  many  mistakes  will  be  prevented,  and  in  time  that  which  may  now 
seem  complicated  and  obscure  will  be  more  generally  understood. 

FORM  No.  1. 

Notice  by  the  Clerk  of  the  Board  of  Inspectors  to  a  Taxable  Inhabitant  of  a  District 

at  the  Time  of  its  Formation. 

[See  Compiler's  Sections  9  and  10.] 
To  A .B : 

SIR — The  board  of  school  inspectors  of  the  township  of have  formed 

a  school  district  in  said  township,  to  be  known  as  district  No ,  and  bounded  as 

follows:     [Here  insert  the  description.] 

The  first  meeting  of  said  district  will  be  held  at on  the day  of 

_. ,  18 ,  at o'clock M.,  and  you  are  instructed  to  notify 

every  legal  voter  of  said  district  of  the  same,  at  least  five  days  previous  to  said 
meeting,  either  personally,  or  by  leaving  a  written  notice  at  his  place  of  residence. 
You  will  indorse  on  this  notice  a  return,  showing  each  notification,  with  the  date  or 
dates  thereof,  and  deliver  the  same  to  the  chairman  of  said  meeting. 

Dated  this.. day  of ,  18 

(Signed,)    '  C D , 

Clerk  of  the  Board  of  School  Inspectors. 


FORM  No.  2. 

Notice  of  First  Meeting — when  made  in  writing  to  be  left  at  the  house  of  every  legal 

voter. 

[See  Compiler's  Sections  9, 10,  and  24.] 

ToC D : 

SIR— School  district  No ,  of  the  township  of. ,  having  been  formed  by 

the  board  of  school  inspectors,  you,  as  a  legal  voter  in  said  district,  are  hereby  notified 

that  the  first  meeting  thereof  will  be  held  at ,  on  the. day  of 

,  18-..,  at o'clock M. 

Dated  this day  of ,  18... 

(Signed,)  A B 

[The person  appointed  to  give  notice.] 


- 


FORMS  FOR  PROCEEDINGS. 


FORM  No.  3. 

Endorsement  upon  the  notice  (Form  No.  1}  by  Taxable  Inhabitant. 
[See  Compiler's  Sections  9, 10,  24,  and  139.] 

I,  A B ,  hereby  return  the  within  (or  annexed)  notice,  having  notified  the 

qualified  voters  of  the  district,  as  follows  : 


NAMES. 


DATE. 


How  NOTIFIED 


A B January  1 ,  1882 Personally. 

C._  -_D_ "        1,1882 Written  Notice. 

E F '"        2,1882 Personally. 

Dated  this day  of.. ,  18... 

(Signed,)  A...       B 

FORM  No.  4. 

Notice  by  Township  Clerk  to  Director,  of  Alteration  in  District. 
[See  Compiler's  Section  18.1 

To  the  Director  of  School  District  No ,  Township  of : 

SIR — At  a  meeting  of  the  board  of  school  inspectors  of  the  township  of f 

held ,  18...,  the  boundaries  of  school  district  No ,  township  of 

,  were  altered  in  such  manner  that  the  territory  of  said  district  now 

ineludes  the  following  :  [Here  insert  the  description.] 

Dated  this day  of ,  18 

(Signed,)  C D. , 

Clerk  of  the  Board  of  School  Inspectors, 

FORM  No.  5. 

Acceptance  of  Office  by  District  Officers,  to  be  filed  with  the  Director. 
[See  Compiler's  Sections  32,  108,  and  140.] 

I  do  hereby  accept  the  office  of in  school  district  No , 

of  the  township  of 

Dated  this day  of ,  18 ... 

(Signed,)  A B 

FORM  No.  6. 
Assessor's  Bond. 
[See  Compiler's  Section  52.] 
KNOW  ALL  MEN  BY  THESE  PRESENTS:      That  W6,  A B 

of  school  district  No ,  township  of. ,  county  of. 


FORMS  FOR  PROCEEDINGS.  91 

and  State  of  Michigan,  C. D and  E_ F 

fhis  sureties],  are  held  firmly  bound  unto  said  district  in  the  sum  of 

[here  insert  double  the  amount  expected  to  c.  me  into  the  assessor's  hands],  to  be  paid 
to  the  said  district ;  for  the  payment  of  which  sum  well  and  truly  to  be  made,  we  bind 
ourselves,  our  heirs,  executors  and  administrators,  jointly  and  severally,  firmly  by 
these  presents. 

The  condition  of  the  above  obligation  is  such  that  if  the  said 

_ assessor  as  aforesaid,  shall  faithfully  discharge  the  duties  of  his  office 

as  assessor  of  said  school  district,  and  shall  well  and  truly  pay  over  to  the  person  or 
persons  entitled  thereto,  upon  the  proper  order  therefor,  all  sums  of  money  which 
shall  come  into  his  hands  as  assessor  of  said  district,  and  shall,  at  the  expiration  of  his 
term  of  office,  pay  over  to  his  successor  in  office  all  moneys  remaining  in  his  hands  as 
assessor  aforesaid,  and  shall  deliver  to  his  successor  all  books  and  papers  appertaining 
to  his  said  office,  then  this  obligation  shall  be  void,  otherwise  of  full  force  and  virtue. 

Sealed  with  our  seals,  and  dated  this day  of 18__. 

A B ,  [L.S.] 

C D ....,  |L.  s.] 

E F ....,  [L.  s.] 

Signed,  sealed,  and  delivered  in  presence  of 


We  approve  the  within  bond. 

(Signed,)  G H ,  Moderator. 

J__  ..  K__  .,  Director. 


FORM  No.  7. 

Notice  of  Annual  Meeting. 
[See  Compiler's  Sections  21,  23,  and  48.] 

NOTICE. — The  annual  meeting  of  school  district  No ,  of  the  township  of 

,  for  the  election  of  school  district  officers,  and  for  the  transaction  of  such 

other  business  as  may  lawfully  come  before  it,  will  be  held  at ,  on  Mon- 
day, the day  of  September  [or  July],  18. _,  at o'clock  _.M. 

Dated  this day  of  August  [or  July],  18... 

(Signed,)  A B ,  Director. 


FORM  No.  8. 

Request  to  be  made  by  five  Legal  Voters  of  a  District  to  the  District  Board  for  a 

Special  Meeting. 

[See  Compiler's  Section  22.] 

To  the  District  Board  of  School  District  No. (or  to  A B ,  one  of  the 

District  Board): 

The  undersigned,  legal  voters  of  school  district  No ,  of  the  township  of 

,  request  you,  in  pursuance  of  section  15  of  chapter  II  of  the 

general  school  laws  of  1889,  to  call  a  special  meeting  of  said  district,  for  the  purpose  of 


Dated  this day  of ,  18... 

(Signed,)  C D. 

E F. 

G-. H. 

I.. K. 

L..  __M. 


92  FORMS  FOR  PROCEEDINGS. 

FORM  No.  9. 
Notice  of  Special  Meeting. 
[See  Compiler's  Sections  22  and  23.] 

NOTICE — A  special  meeting  of  the  legal  voters  of  school  district  No. ,  in  the 

township  of ,  called  on  the  written  request  of  five  legal  voters  [or 

called  by  the  district  board,  as  the  case  may  be],  will  be  held  at ,  on  the 

." day  of ,  18.._,  at .o'clock M.,  for  the  purpose 

of  [here  insert  every  object  that  is  to  be  brought  before  the  meeting]. 

(Signed,)  A B ,  Director. 


FORM  No.  10. 

Order  upon  the  Assessor  for  Moneys  to  be  disbursed  by  him,  with  Receipt  attached. 
[See  Compiler's  Sections  48  and  52.] 

Assessor  of  School  District  No ,  Township  of : 

SIR— Pay  to _ the  sum  of dollars  out  of  any  moneys 

100 

in  your  hands  belonging  to  the  [here  insert  name  of  fund  on  which  order  is  drawn,  as 
4 '  teachers' wages,"  **  building,"  etc.]  fund,  on  account  of  [here  state  the  object  tor 
which  the  order  was  drawn]. 

Dated  this day  of ,  18.. . 

A B ,  Director. 

[Countersigned :] 
C D. ,  Moderator. 

Received  of  E__ F ,  assessor  of  school  district  No ,  the  amount 

specified  in  the  above  order. 

G-.  -H. 


FORM  No.  11. 
Warrant  upon  Township  Treasurer  for  Moneys  belonging  to  School  District. 

[See  Compiler's  Sections  48,  52,  and  7*.] 
Treasurer  of  the  Township  of : 

SIR— Pay  to  A_ B ,  assessor  of  school  district  No ...,  in  said 

township  the  sum  of _ dollars,  out  of  [here  insert  the 

ipo 
particular  fund],  in  your  hands  belonging  to  said  district. 

Dated  at ,  this. day  of 18 

C. D ,  Director. 

[Countersigned :] 
E. F ,  Moderator. 


FORM  No.  12. 

Certificate  by  District  Board  to  Township  Clerk,  of  District  Taxes  to  be  Assessed. 

[See  Compiler's  Section  37.] 

Clerk  of  the  Township  of. : 

The  undsrsigned.  district  board  of  school  district  No ,  township  of. 


do  hereby  certify  that  the  following  taxes  have  been  voted  by  the  qualified  electors  of 


FORMS  FOR  PROCEEDINGS. 


93 


.said  district,  during  the  school  year  last  closed,  and  estimated  and  voted  by  the  district 
board,  under  the  provisions  of  law,  viz  : 


For  teachers'  wages 

For  building  purposes 

For  repairs 

For  paying  bonded  indebtedness. 

For  fuel 

For  library 

For  apparatus 

For  incidental  expenses .„  _ 

For ._ 

Total $. 

Which  amounts  you  will  report  to  the  supervisor  to  be  assessed  upon  the  taxable 
property  of  said  district  in  accordance  with  the  provisions  of  law. 
Dated  at ,  this day  of ,  18_._ 

A B ,  Moderator. 

C D ,  Director. 

E_.  .  F__  .,  Assessor. 


FORM  No.  13. 

Bond  to  be  given  by  the  Chairman  of  the  Board  of  School  Inspectors. 
[See  Compiler's  Section  54.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:  That  we,  A_ B the  chairman 

of  the  board  of  school  inspectors  of  the  township  of ,  county  of. , 

and  State  of  Michigan,  and  C D and  E F [his  sureties] 

are  held  and  firmly  bound  unto  the  said  township,  in  the  sum  of  [here  insert  the  sum  of 
double  the  amount  to  come  into  said  chairman's  hands,  as  nearly  as  the  same  can  be 
ascertained]  for  the  payment  of  which  sum  well  and  truly  to  be  made  to  the  said  town- 
ship, we  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and  severally, 
firmly  by  these  presents. 

The  condition  of  this  obligation  is  such  that  if  A B ,  chairman  of  the 

board  of.  school  inspectors,  shall  faithfully  appropriate  all  moneys  that  may  come  into 
his  hands  by  virtue  of  his  office,  then  this  obligation  shall  be  void;  otherwise,  of  full 
force  and  virtue. 

Sealed  with  our  seals,  and  dated  this..        _.dav  of ,  18. .. 

A B... ,  [L.s.1 

C D ,  [L.S.J 

E F ,  |L.S.] 

Signed,  sealed,  and  delivered  in  the  presence  of 


I  approve  the  within  bond. 
(Signed,) 


,  Township  Clerk. 


94  FORMS  FOE  PROCEEDINGS. 

FORM  No.  14. 

Appointment  of  District  Officers  by  District  Board. 
[See  Compiler's  Sections  30  and  108.] 

The  undersigned,  members  of  the  district  board  of  school  district  No.  _  _ ,. 

township  of   ,  do  hereby  appoint  A__ B 

[director,  moderator,  or  assessor,  as  the  case  may  be]  of  said  district,  to  fill  the  vacancy 

created  by  the  [removal,  resignation ,  or  death,  etc. ]  ol'C — D , 

the  late  incumbent. 

Dated  this day  of ,  18 

E. F ,  Moderator, 

G-.  ..  H__  -.,  Assessor. 


FORM  No.  15. 
Appointment  of  District  Officers  by  School' Inspectors. 

[See  Compiler's  Sections  30  and  108.] 

The  undersigned,  school  inspectors  for  the  township  of  ._  _ ,  do  hereby 

appoint  A B [director,  moderator,  or  assessor,  as  the  case  may 

be]  of  school  district  No ,  in  said  township  ;  the  district  having  failed  to  elect. 

Dated  this day  of ,  18.... 

C_. ----  D. , 

E F , 

G H .., 

Board  of  School  Inspectors. 


FORM  No.  16. 

Notice  of  Meeting  of  Inspectors. 
[See  Compiler's  Section  15.] 

NOTICE. — A  meeting  of  the  board  of  school  inspectors  of  the  township  of 

,  will  be  held  at ,  on  the day  of ,  18...,  at 

o'clock M.,  for  the  purpose  of  [here  insert  every  object  that  is  to  be  brought  before 

the  meeting,  and  if  for  the  purpose  of  changing  boundaries  of  districts,  state  the 
alterations  proposed.] 

Dated  this day  of ,  18.... 

A. B , 

Clerk  of  the  Board  of  School  Inspectors 


FORM  No.  17. 

Certificate  to  be  given  to  the  Director  of  a  School  District,  by  the  Board  of  School 
Inspectors  when  they  establish  a  Site. 

[See  Compiler's  Section  89.] 

The  inhabitants  of  school  district  No ,  township  of ,  having 

failed,  at  a  legal  meeting,  to  establish  a  site  for  a  school-house,  the  board  of  school 
inspectors  hereby  certify  that  they  have  determined  that  the  said  site  shall  be  as  follows 
[here  insert  description.] 

Given  under  our  hands  this  __ clay  of .,  18 

A.. B , 

C__  ...  D , 

E. F... , 

Board  of  School  Inspectors. 


FORMS  FOR  PROCEEDINGS.  95 

FORM  No.  1 

Warrant  on  the  Township  Treasurer  for  Library  Moneys. 
[See  Compiler's  Section  114.] 

To  the  Treasurer  of  the  Township  of  ........  ,  County  of  ..... 

SIR—  Pay  to  ...............  ,  chairman  of  the  board  of  school  inspectors,  the  sum  of 

......  .  .....  _  dollars,  from  the  library  moneys  in  your  hands,  or  to  come  into  your 

100 

hands,  the  same  being  for  the  support  of  the  library  of  said  township. 
Dated  at  .....  _____  ,  this  ......  day  of  ............  ,  18  ____ 

A  ......       _B 

C  ..........  D._ 


Township  Board  of  School  Inspectors. 

REMARK.—  In  case  one  or  more  district  libraries  are  established  in  a  township  the  library  moneys 
due  such  districts  are  payable  on  the  order  of  the  district  officer.    (See  Form  No.  11.) 


Notice  by  the  Township  Treasurer  to  the  Township  Clerk  of  Moneys  to  be  Apportioned 

to  Districts. 

[See  Compiler's  Sections  72  and  73.] 

To  the  Clerk  of  the  Township  of ,  County  of 

SIR— I  have  now  in  my  hands  for  apportionment  to  the  several  school  districts  of  this 
township  the  following  moneys: 

Primary  school  interest  fund $ 

Library  moneys  received  from  county  treasurer 

One  mill  tax 

Surplus  dog  tax 

District  taxes 

Special  funds 

Dated  this day  of ,  18.... 

A... B , 

Township  Treasurer. 


96 


FORMS  FOR  PROCEEDINGS. 


FORM  No.  20. 

Notice  by  the  Township  Clerk  to  the  Township  Treasurer,  of  the  Apportionment  of 

Moneys  to  Districts. 

[See  Compiler's  Sections  63  and  64.] 
To  the  Treasurer  of  the  Township  of ,  County  of : 

SIR — Herewith  find  a  statement  of  the  number  of  children  of  school  age  in  each 
school  district  of  this  township,  entitled  to  draw  public  moneys,  and  the  amount  of 
moneys  apportioned  to  each  of  said  districts  : 


DISTRICTS. 

No.  of  Children 
in  District. 

Primary  School 
Interest  Fund. 

Library  Moneys. 

M 

& 
S 
I 

1 

Surplus  Dog-Tax. 

District  Taxes. 

Special  Funds. 

1 

1 
s^ 

"3-2 

P 

District  No.  1 

$ 

1 

$ 

$ 

$ 

$ 

8 

District  No.  2,  fr'l        

Total            

$ 

$ 

9 

| 

$ 

$ 

$ 

Dated  this -day  of. 


18. 


B. 


Township  Clerk. 

FORM  No.  21. 

Notice  by  the  Township  Clerk  to  Directors,  of  Moneys  belonging  to  the  Districts. 
[See  Compiler's  Section  64.] 

A B ,  Director  of  School  District  No ,  Township  of : 

SIR — The  amount  of  school  moneys  apportioned  to  school  district  No ,  township 

of ,  is  as  follows  : 

Primary  school  interest  fund $ 

Library  moneys  received  from  county  treasurer 

One-mill  tax 

Surplus  dog-tax . 

District  taxes 

Special  funds . 


Total 


Dated  this day  of. 


18. 


Township  Clerk. 


FORM  No.  22. 
Certificate  by  the  Township  Clerk  to  the  Supervisor,  of  District  Taxes  to  be  Assessed. 

[See  Compiler's  Section  62.  ] 

Supervisor  of  the  Township  of ,  County  of : 

SIR— 1  hereby  certify  that  the  following  is  a  correct  statement  of  moneys  proposed  to 
be  raised  by  taxation  for  school  purposes  in  each  of  the  several  school  districts  of  this 


FORMS  FOR  PROCEEDINGS. 


97 


township,  as  the  same  appears  from  the  reports  of  the  district  boards  of  the  several 
districts  now  on  file  in  my  office: 


DISTRICTS. 

For  teachers' 
wages. 

For  building 
purposes. 

For  reoairs. 

ja 

ufj 

S  ^ 

^  3} 
1' 

For  fuel. 

For  library. 

For  apparatus. 

For  incidental 
expenses. 

1 

1 

District  No.  1  

$  

$  

$  

$  

$  

$  

$  

$  

$  - 

$ 

District  No.  2,  f  r'l. 

Which  amounts  you  will  assess  upon  the  taxable  property  of  each  of  said  districts  in 
accordance  with  the  provisions  of  law. 

Dated  this day  of ,  18..,. 

A B. , 

Township  Clerk. 


FORM  No.  23. 
Deed  to  School  District. 
[See  Compiler's  Section  35.1 

KNOW  ALL  MEN  BY  THESE  PRESENTS:    That  A B_ ,  and  C D__ , 

his  wife,  of  the  township  of ,  county  of ,  and  State  of , 

party  of  the  first  part,  for  and  in  consideration  of  the  sum  of dollars, 

100 

to  them  paid  by  the  district  board  of  school  district  No ,  of  the  township  of 

._.,  county  of ,  and  State  of  Michigan,  the  receipt  whereof 

is  hereby  acknowledged,  do  hereby  grant,  bargain,  sell,  and  convey  to  school  district 

No aforesaid,  the  party  of  the  second  part,  and  their  assigns  forever,  the 

following  described  parcel  of  land,  namely  [here  insert  description] :  together  with  all 
the  privileges  and  appurtenances  thereunto  belonging,  to  have  and  to  hold  the  same  to 
the  said  party  of  the  second  part,  and  their  assigns,  forever.  And  the  said  party  of  the 
first  part  for  themselves,  their  heirs,  executors,  and  administrators,  do  covenant,  grant, 
bargain  and  agree,  to  and  with  the  said  party  of  the  second  part,  and  their  assigns, 
that  at  the  time  of  the  ensealing  and  delivery  of  these  presents  they  were  well  seized 
of  the  premises  above  conveyed,  as  of  a  good,  sure,  perfect,  absolute,  and  indefeasible 
estate  of  inheritance  in  the  law,  in  fee  simple,  and  that  the  said  lands  and  premises  are 
free  from  all  encumbrances  whatever;  and  that  the  above  bargained  premises,  in  the 
quiet  and  peaceable  possession  of  the  said  party  of  the  second  part,  and  their  assigns, 
against  all  and  every  person  or  persons  lawfully  claiming  or  to  claim  the  whole  or  any 
part  thereof,  they  will  forever  warrant  and  defend. 

In  witness  whereof,  the  said  A B ,  and  C D ,  his  wife, 

party  of  the  first  part,  have  hereunto  set  their  hands  and  seals,  this day 

of ,  18.... 

A.. B ,  [SEAL.] 

C D ,    [SEAL.J 

Signed,  sealed,  and  delivered  in  presence  of 
E F 


98  FORMS  FOE  PROCEEDINGS. 

STATE  OF ,      ) 

County  of }  bk 

On  this day  of in  the  year  one  thousand  eight  hundred  and 

,  before  me,  I._ K ,  a ,  in  and  for  said  county, 

personally  appeared, ,  and ,  his  wife,  to  me  known 

to  be  the  same  persons  described  in  and  who  executed  the  within  instrument,  who 
severally  acknowledged  the  same  to  be  their  free  act  and  deed. 

Witness  my  hand  and  official  seal,  the  day  and  year  last  above  named. 

I K ,   [SEAL.] 


FORM  No.  24. 
Lease  to  School  District. 
[See  CompilerXSection  35.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:  That  A  ..........  B  ..........  ,  of  the  town- 

ship  of  ..........  -  -  ,  county  of  .............  ,  and  State  of  ..................  ,  of  the  first 

part,  for  the  consideration  herein  mentioned,  does  hereby  lease  unto  school  district 
No  .........  ,  in  the  township  of  ......  .  .....  ,  county  of  ............  ,  and  State  of  Michi- 

gan, party  of  the  second  part,  and  their  assigns,  the  following  parcel  of  land,  to  wit  : 
[Here  insert  description]  with  all  the  privileges  and  appurtenances  thereunto  belong- 
ing; to  have  and  to  hold  the  same  for  and  during  the  term  of  ______  years  from  the  ..... 

day  of  ............  ,  18  _  .  ..     And  the  said  party  of  the  second  part,  for  themselves  and 

their  assigns,  do  covenant  and  agree  to  pay  the  said  party  of  the  first  part,  for  the 
said  premises,  the  annual  rent  of  .  .  ..........  dollars. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their  hands  and  seals,  this 
............  day  of  ............  ,  18  ____ 

A  ............    B  ............  [SEAL.] 

Lessor. 
C  ______  .....  D_... 

E  ______  ......  F.  .  .........  ,  HSEAL.] 


District  Board  of  School  District  No  .....  of  the  aforesaid  Township. 
Signed  and  sealed  in  the  presence  of 
I  ............  K  .........  .... 


FORM  No.  25. 

Contract  for  Building  a  School-House. 
[See  Compiler's  Section  35.] 

Contract  made  and  entered  into  between  A B ,  of  the  township  of 

,  in  the  county  of ,  and  State  of  Michigan,  and  C D , 

E F ,  and  G H ,  composing  the  district  board  of  school 

district  No ,  of  the  township  of ,  in  the  county  of ,  and  State  of 

Michigan,  and  their  successors  in  office. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt  whereof  is  hereby 

acknowledged,  and  of  the  further  sum  of dollars,  to  be  paid  as  hereinafter 

specified,  the  said  A B hereby  agrees  to  build  a.. school-house, 

and  to  furnish  the  material  therefor,  according  to  the  plan  and  specifications  for  the 
erection  of  said  house,  hereto  appended,  at  such  point  in  said  district  as  said  district 
board  may  designate.  The  said  house  is  to  be  built  of  the  best  material,  in  a  substan- 


FORMS  FOR  PROCEEDINGS.  99 


tial,  workman-like  manner;  and  is  to  be  completed  and  delivered  to  the  said  district 
board  or  their  successors  in  office,  free  from  any  lien  for  work  done  or  material  fur- 
nished, by  the  --------  day  of  .........  18__.     And  in  case  the  said  house  is  not  finished 

by  the  time  herein  specified,  the  said  A  --------  B  ........  shall  forfeit  and  pay  to  the 

said  district  board  or  their  successors  in  office,  for  the  use  of  said  district,  the  sum  of 
........  -  ......  dollars,  and  shall  also  be  liable  for  all  damages  that  may  result  to  s  dd 

district  in  consequence  of  said  failure. 

The  said  district  board  or  their  successors  in  office,  in  behalf  of  said  district,  hereby 
agree  to  pay  the  said  A  .....  _  .  .  B  ......  the  sum  of  ..........  dollars  when  the  founda- 

tion of  said  house  is  finished  ;  and  the  further  sum  of  .................  dollars  when  the 

walls  are  up  and  ready  for  the  roof;  and  the  remaining  sum  of  ............  dollars  when 

the  said  house  is  finished  and  delivered  as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sub-let,  transferred  or  assigned 
without  the  consent  of  both  parties. 

Witness  our  hands  this  ........  day  of  .....  ..  .....  ,  18.  . 

A  .........  ...  B  ............  , 

Contractor. 
C  _________    ..  D__ 


District  Board. 


FORM  No.  26. 
Contract  between  District  Board  and  Teacher. 

[See  Compiler's  Sections  38,  40,  56, 109,  and  128.] 

It  is  hereby  contracted  and  agreed  between  the  district  board  of  school  district  No 

in  the  township  of ..,  county  of ..,  and  State  of  Michigan,  and  A 

B ,  a  legally  qualified  teacher  in  said  township,  that  the  said  A B__ 

shall  teach  the  school  of  said  district  for  the  term  of months,  commencing  on 

the. ...day  of.. ,  18...;  and  the  said  A B agrees  to  faith- 
fully keep  a  correct  list  of  the  pupils,  and  the  age  of  each  attending  school,  and  the 
number  of  days  each  pupil  is  present,  and  to  furnish  the  director  of  the  district  with  a 
correct  copy  of  the  same  at  the  close  of  the  school;  and  to  observe  and  enforce  the  rules 
and  regulations  established  by  the  district  board. 

The  said  district  board,  in  behalf  of  said  district,  agrees  to  keep  the  school-house  in 
good  repair,  to  provide  the  necessary  fuel  to  keep  the  school-house  in  comfortable  con- 
dition, and  to  pay  said  A B for  the  said  services  as  teacher,  to  be  faith- 
fully and  truly  rendered  and  performed,  the  sum  of dollars  per  month,  the 

same  being  the  amount  of  wages  above  agreed  upon,  to  be  paid  on  or  before  the 

day  of... ,  18-.:  Provided,  That  in  case  said  A B... shall  be  dismissed 

from  school,  by  .the  district  board,  for  gross  immorality,  or  violation  of  this  contract, 
or  shall  permit  h... certificate  of  qualification  to  expire,  or  shall  have  said  certificate 
annulled  or  suspended  by  the  county  board  of  school  examiners,  or  other  lawful 
authority,  h._ .shall  not  be  entitled  to  any  compensation  from  and  after  such  annull- 
ment,  suspension  or  dismissal. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names,  this day  of 

—,18— 

C... D ,--.-,  ) 

E F ,  }•  District  Board. 

G H ,  ) 

A..  .  B__  ,  Teacher. 


100 


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APPENDIX   O. 


RULES  FOE  SCHOOL  LIBRARIES. 


NOTE. — The  following  regulations  for  the  management  of  school! libraries  are  pre- 
pared in  accordance  with  the  provisions  of  compiler's  sections  3  and  115  of  the  general 
school  laws.  As  given,  these  rules  are  suitable  for  township  libraries  ;  if  it  be  desired 
to  adapt  them  to  the  needs  of  district  libraries,  a  few  slight  changes,  which  are  readily 
apparent,  will  be  necessary. 

1.  The  librarian  shall  have  charge  of  the  library,  and  keep  a  catalogue  of 
all  the  books  belonging  to  the  library,  in  a  book  to  be  provided  for  that  pur- 
pose. 

2.  Every  volume  in  the  library  shall  have  pasted  on  the  inside  of  the  cover 
a  printed  label,  giving  the  name  of  the  township,  the  number  of  the  volume, 
and  the  fine  for  not  returning  it  within  the  specified  time,  and  for  the  loss  of 
or  injury  to  any  book. 

3.  Every  volume  loaned  shall   be  entered  by  the  librarian  in  a  book  to  be 
provided  for  that  purpose,  by  its  catalogue  number,  with  the  day  on  which  it 
was  loaned,  the  name  of  the  borrower,  and  the  name  of  the  person  to  whom 
it  is  charged  (see  regulation  5),  the  date  when  returned  and  condition  of  the 
book,  and  the  fine  assessed  for  detention  or  injury  to  the  book,  as  in  the 
following  form: 


Date  of 
Delivery. 

No.  of  book 
Delivered. 

To  whom 
Delivered. 

To  whom 
Charged. 

When 
Returned. 

Condition 
when 
Returned 

Fine  for 
Detention. 

Fine  for 
Injury. 

. 

4.  No  person  shall  be  allowed  to  have  more  than  one  volume  at  a  time,  or 
to  retain  the  same  longer  than  two  weeks ;  nor  shall  any  person  who  has 
incurred  a  fine  imposed  by  these  regulations,  receive  a  book  while  such  fine 
remains  unpaid. 

5.  Books  may  be  loaned  to  minors  and  charged  to  their  parents,  guardians, 
or  other  persons  with  whom  they  reside,  who  shall  be  responsible  for  the 
books  under  these  regulations. 

13 


102  EULES  FOR  SCHOOL  LIBRARIES. 

6.  On  the  election  of  a  librarian,  his  predecessor  shall,  within  ten  days 
thereafter,   deliver  to  him  all  the    printed   and   manuscript   books,  pam- 
phlets, papers,  cases  and  all  other  property  belonging  to  the  library  which  was 
in  his  custody,  for  which  the  librarian  shall  give  him  a  full  receipt,  discharg- 
ing him  from  all  responsibility  therefor,  except  in  the  case  herein  provided; 
and  on  receiving  the  library  property,  the  librarian  shall  carefully  examine 
all  books  and  other  property  appertaining  to  the  library,  and  if  any  loss  or 
injury  shall  have  been  sustained,  for  which  a  fine  has  not  been  imposed  by 
his  predecessor,  or  for  which  a  fine  has  been  imposed  but  not  certified  by 
him  to  the  treasurer  of  the  board  of  school  inspectors,  the  librarian  shall 
certify  the  amount  thereof  to  said  treasurer,  who  shall  collect  the  same  of 
such  predecessor  in  the  same  manner  as  other  fines  are  collected. 

7.  In  case  of  vacancy  in  the  office  of  librarian,  the  township  clerk  shall 
perform  the  duties  of  librarian  until  the  vacancy  is  filled. 

8.  If  any  person,  having  held  the  office  of  librarian,  shall  neglect  or  refuse 
to  deliver  to  his  successor  all  the  library  property,  as  prescribed  in  the  sixth 
regulation,  the  treasurer  of  the  board  of  school  inspectors  shall  forthwith 
commence  an  action  in  the  name  of  the  township  for  the  recovery  of  the 
property  he  shall  so  neglect  or  refuse  to  deliver. 

9.  On  the  return  of  every  book  to  the  library,  the  librarian  shall  examine 
it  carefully,  to  ascertain  what  injury,  if  any,  has  been  sustained  by  it,  and 
shall  charge  the  amount  of  the  fine  accordingly. 

0 

10.  The  following  fines  shall  be  assessed  by  the  librarian  as  herein  pro- 
vided: 

First,  For  detaining  a  book  beyond  two  weeks,  five  cents  per  week; 

Second,  For  the  loss  of  a  volume,  the  cost  of  the  book,  and  if  one  of  a  set 
an  amount  sufficient  to  purchase  a  new  set ; 

Third,  For  a  leaf  of  the  text  torn  out  or  lost,  or  so  soiled  as  to  render  it 
illegible,  the  cost  of  the  book ;  and  if  one  of  a  set  the  cost  of  a  new  set ; 

Fourth,  For  any  injury  beyond  ordinary  wear,  an  amount  proportionate  to 
the  injury,  to  be  estimated  by  the  librarian,  subject  to  revision,  upon  appeal, 
by  the  board  of  school  inspectors; 

Fifth,  Whenever  any  book  shall  not  be  returned  within  six  weeks  from 
the  time  it  was  loaned,  it  shall  be  deemed  to  be  lost,  and  the  person  so 
detaining  it  shall  be  charged  with  its  cost  in  addition  to  the  weekly  fine  for 
detention,  up  to  the  time  such  charge  is  made.  But  if  the  book  be  finally 
returned,  the  charge  for  loss  shall  be  remitted  ;  and  the  fine  for  not  return- 
ing the  book  shall  be  levied  up  to  the  time  of  such  return :  Provided,  That 
in  no  case  shall  the  amount  of  weekly  fines  exceed  double  the  cost  of  the 
book. 

11.  On  the  third  Monday  of  August,  November,  February,  and  May,  and 
also  immediately  before  he  vacates  his  office,the  librarian  shall  report  to  the 

•  treasurer  of  the  board  of  school  inspectors  the  name  of  every  person  liable 
for  fines,  and  the  amount  each  of  such  persons  is  liable  to  pay;  and  said 
treasurer  shall  immediately  proceed  to  collect  the  same,  and  if  not  paid,  he 
shall  forthwith  bring  an  action  in  the  name  of  the  township  for  the  recovery 
thereof. 


KULES  FOE  SCHOOL  LIBRARIES.  10a 

12.  The  library  fines  collected  shall  first  be  applied  to  the  replacing  of 
lost  volumes,  binding  pamphlets,  and  rebinding  such  books  as  may  require 
it. 

13.  On  the  first  Monday  of  September  in  each  year,  the  librarian  shall 
report  to  the  township  board  of  school  inspectors  as  follows : 

First)  The  number  of  volumes  in  the  library; 

Second,  The  number  of  volumes  purchased  during  the  year ; 

Ttiird,  The  number  of  volumes  presented  during  the  year ; 

Fourth,  The  number  of  volumes  loaned  during  the  year  [counting  each 
volume  once  for  each  time  it  is  loaned]  ; 

Fifth,  The  amount  of  fines  assessed  ; 

Sixth,  Such  other  items  as  the  board  of  school  inspectors  may  require  for 
their  annual  report  to  the  superintendent  of  public  instruction. 


INDEX. 


ABSTRACTS  :  PAGE. 

of  school  inspectors'  reports,  §1 8 

ACCEPTANCE  OF  OFFICE: 

filed  with  and  recorded  by  director,  §§32,  108 17,40 

neglect  to  file  vacates  office,  §29 IT 

penalty  for  failing  to  file,  §139 51 

ACCOUNTS  : 

of  director,  §§13, 109 21,40 

inspector?,  §57 26 

members  of  board  of  school  examiners,  §135 49 

ACTION  : 

against  school  districts,  §§82-88 32-33 

relative  to  obtaining  site,  §§89-103 33-37 

ADJOURNMENTS  : 

of  district  meeting,  §27 15 

proceedings  to  obtain  site,  §99. 36 

ADMISSION  OF  PUPILS  : 

non-resident,  §16 21 

resident,  §i5 21 

to  high  school,  §109 40 

AGE  : 

school,  §45 .„ ^__          31 

at  which  education  is  compulsory,  §180 -          59 

AGENTS  FOB  SCHOOL  BOOKS,  ETC.  : 

officers,  superintendent?,  and  teachers  not  to  act  as,  §146 53 

AGRICULTURAL  SCHOOL: 

to  be  provided,  con.  prov.,  art.  xiii.,  sec.  11 ". - 

ALIENS  : 

not  eligible  to  office,  §31 _          17 

ALTERATION  : 

in  boundaries  of  districts,  §§15-18 11-13 

graded  school  districts,  §110 41 

of  school-house  sites,  §89 33 

(See  School  Districts;  a?so,  Township  Board  of  Inspect ors.) 
ANNUAL  MEETINGS: 

(See  District  Meeting*.) 
ANNULMENT  OF  CERTIFICATES: 

by  county  board  of  school  examiner?,  §130 47 

State  board  of  education,  §§165, 166, 163 57 

APPARATUS  : 

director  not  to  purchase  unless  authorized,  §18 

tax  may  be  voted  for  the  purchase  of,  827 —          1* 


106  INDEX. 


PAGE. 
APPEAL : 

from  inspectors  to  township  board,  §§104-100 38-391 

APPENDAGES  TO  SCHOOL-HOUSE  : 

tax  may  be  voted  for  procuring,  §27 15 

to  be  provided  by  director,  §48 22 

APPOINTMENT  : 

of  building  committee,  §27 1& 

conductor  of  teachers1  institute,  §157 ... 55 

clerk  of  meeting  in  director's  absence,  §27 15 

deputy  superintendent  of  public  instruction,  §2 8 

district  officers  in  case  of  vacancy,  §30 17 

trustees  in  case  of  vacancy,  §108 40 

first  meeting  of  a  district,  §9 10 

librarian  of  township  library,  §116 42 

member  of  board  of  school  examiners  in  case  of  a  vacancy,  §136 50 

person  to  take  school  census,  §49 22 

State  officers,  in  case  of  vacancy,  con.  prov.,  art.  viii.,sec.  3 5 

truant  officers,  §188 61 

APPORTIONME:ST  : 

of  library  moneys,  §122 43 

moneys  collected  in  fractional  districts,  §74 CO5 

on  division  of  a  district,  §71 29 

raised  by  taxes,  §64 27 

to  districts  by  township  clerk,  §63 27 

one-mill  tax,  §66 » 28 

primary  school  interest  fund,  §§1-6 9 

county  clerk's  duties,  §76 30 

treasurer's  duties,  §77 30 

property  on  division  of  a  district,  §§19,20 12 

tax  assessed  before  and  collected  after  division  of  district?,  §71 29 

township  treasurer's  duties  in  relation  to,  §64 

ASSESSMENT  OF  TAXES  : 
(See  Taxes.) 

ASSESSOR 

acceptance  of  office,  §§32, 108 17,  40 

a  member  of  district  board,  §33 17 

board  of  inspection  at  election  to  vote  bonds,  §78 31 

and  moderator  to  audit  director's  accounts,  §48 22 

bond  required,  §52 24 

election  and  term  of  office  of,  §§28, 108 16,40 

maybe  removed  from  office,  §145 - 

money  paid  to  from  old  district,  §67 ., 28 

penalty  for  neglecting  duties,  §139 51 

summons  to  be  served  on,  in  suits,  §83 

to  appear  for  district  in  suit?,  §52 24 

certify  judgment  against  district  to  supervisor,  §§85-87 32 

collect  damages  from  township  clerk  or  supervisor,  §144 51 

keep  record  of  receipts  and  expenditures,  §52 2± 

pay  orders,  legally  drawn,  from  proper  funds,  §53 24 

report  to  district  board  receipts  and  disbursements,  §52 24 

warrants  on  township  treasurer  payable  to,  §48 

(See  District  Board ;  also,, Moneys.) 

ASSOCIATIONS  : 

teachers  may  form,  §169 58- 

ASYLUMS: 

for  deaf,  dumb,  and  blind,  con.  prov.,  art.  xiii.,  sec.  10 


INDEX.  107 


PAGE. 
ATTACHMENT  : 

to  enforce  attendance  in  certain  proceedings,  §93 34 

ATTENDANCE : 

of  jurors  and  witnesses  on  certain  proceedings,  §93 34 

BALLOT : 

election  of  officers  to  be  by,  §§28,  107 16,  39 

BLIND  : 

institution  for,  con.  prov.,  art.  xiii,sec.  10 7 

BOARD,  DISTRICT  : 

(See  District  Board.) 
BOARD  OF  EDUCATION  : 

(See  State  Board  of  Education.} 
BOARD  OF  INSPECTION: 

at  election  to  vote  on  issuance  of  bonds,  §78 31 

BOARD  OF  INSTRUCTION  : 

of  State  normal  school  may  grant  certificates,  §§165, 166 57 

BOARD  OF  REGENTS: 

of  university,  con.  prov.,  art.  xiii,  sec.  7 6 

BOARD  OF  SCHOOL  EXAMINERS  : 

(See  County  Board  of  School  Examiners.) 
BOARD  OF  SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 
BOARD  OF  TRUSTEES  IN  GRADED  SCHOOL  DISTRICTS  : 

consent  of,  to  be  obtained  to  alteration  in  district,  §110 41 

election  and  term  of  office  of,  §107 39 

officers  of ,  §108 „ 40 

powers  and  duties  of,  §109 40 

vacancy  in,  how  filled,  §10$ 40 

(See  District  Board;  also,  Graded  School  Districts.) 
BOARD,  TOWNSHIP: 

(See  Township  Board.) 
BOARDS : 

when  authorized  to  examine  teachers,  to  collect  fees,  §154 54 

BOND: 

liability  of  county  treasurer  on,  §96 35 

of  appellants  from  inspectors'  action,l§!05 38 

assessor,  §52 24 

chairman  of  board  of  school  inspectors,  §54 25 

secretary  of  county  board  of  school  examiner?,  §126. 45 

BONDS  : 

election  to  vote  on  issuance  of,  §78 31 

limitations  of ,  §78 31 

may  be  issued  for  money  borrowed,  §79 31 

paid  by  issuing  further  bonds,  §81 32 

tax  may  be  votedlto  redeem,  §80 32 

BOOKS,  LIBRARY  : 

(See  Libraries.) 
BOOKS  OF  RECORDS: 

(See  Records.) 
BOOKS,  SCHOOL  : 

(See  Text  Books.) 
BOUNDARIES  OF  DISTRICTS  : 

alterations  in,  §115-18 11-12 

described  in  first  notice,  §9 10 

map  to  be  made  showing,  §61 

of  graded  school  districts,  §110 41 

(See  School  Districts ;  also,  Township  Board  of  School  Inspectors.) 


108  INDEX. 


PAGE. 
B¥ILDING  COMMITTEE: 

voters  may  appoint  andfprescribe  duties,  §27 15 

BITILDINGS  : 

(See  School-Houses.) 
BY-LAWS  : 

(See  Regulations.) 

CENSUS  OF  SCHOOL  DISTRICTS: 

when  and  how  taken,  §49 

time  of  taking  not  to  be  changed,  §21 13 

CERTIFICATE  : 

of  court  in  proceedings  to  obtain  site,  §94 35 

inspectors  on  establishing  site,  §89 33 

instruction  in  physiology,  etc  ,  to  be  filed  by  teacher,  §42 

copy  to  belfiled  by  director  with  township  clerk,  §42  ..  20 

to  supervisor,  of  taxes  to  be  assessed,  §§62,  68 26,28 

township  clerk  of  district  taxes,  §37 18 

CERTIFICATES  OF  QUALIFICATION  TO  TEACHERS: 

fee  to  be  paid  on  obtaining,  §154 54 

given  by  county  board  of  school  examiners,  §§128, 129 45,  46 

State  board  of  education,  §168 57 

normal  school,  §165 57 

grades  of,  and  requisite  qualifications  to  obtain,  §129 46 

list  of  teachers  having,  to  be  furnished  township  clerks,  §133 48 

necessity  of  having  to  entitle  to  pay,  §§40,  56 19,25 

record  of,  to  be  kept  by  secretary  of  board  of  examiners,  §133 48 

revocation  or  suspension  of,  §130 47 

CHAIRMAN  :  \ 

of  board  of  school!  examiners,  §126 ^. 44 

inspectors,  §53 25 

compensation  of,  §135 49 

duties  relative  to  election^of  school  examiners,  8125 44 

duties  relative  to  supervision  of  school?,  §134 48 

to  give  bond,  §54 25 

first  meeting  of  district,  §§9, 138 10,51 

meeting  may  arrest  disorderly  person,  §26 

be  appointed  in  absence  of  moderator  §27 15 

to  give  oath  to  challenged  voter,  §25 14 

CHALLENGE . 

of  voter  at  district  meetings,  §25 

juror  in  proceedings  to  obtain  site,  §93 34 

CHILDREN  : 

census  list  of,  §49 

compulsory  education  of,  §§180-194 - 59-64 

(See  Pupils.) 
CLASSIFICATION  OF  PUPILS: 

(See  Pupils.) 
CLERK  : 

of  board  of  school  inspectors,  §§53,59 25,26 

county.    (See  County  Clerk.) 

district,  director  to  be,  §48 21 

township.    (See  Township  Clerk.) 
COLLECTION  : 

of  damages  for  not  reporting  and  assessing  taxes,  §144 

fines  for  injuring  library  books,  §115 

institute  fees  from  teachers,  §154 54 

judgment  against  district,  §§84-88 •'--      32-33 

penalties,  §§141-144 .    51 

taxee,  §§65-74...  27-30 


NDEX.  109 


PAGE. 
-COMMITTEE  ON  BUILDING  : 

voters  may  appoint  and  prescribe  duties,  §'27 15 

'COMPENSATION : 

for  site  determined  by  jury,  §94 35 

of  chairman  of  board  of  school  inspectors,  §135 49 

inspectors,  fov  meetings,  limited,  §58 26 

members  of  county  board  of  school  examiners,  §135 49 

officers  and  jurors  in  proceedings  to  obtain  site,  §102 37 

in  school  districts,  §§27, 109 15,40 

secretary  of  county  board  of  school  examiners,  §135 49 

teachers,  §§40, 109 19,40 

-COMPULSORY  EDUCATION  : 

age  at  which  compulsory,  §180 59 

certificate  of  director,  §§181,  196 60,64 

child  temporarily  discharged  from  work  to  be  sent  to  school,  §  182 60 

children  to  be  sent  to  reformatory  institutions,  §192 63 

children  not  to  be  employed  to  labor  in  certain  cases,  §§  181, 192 60,  64 

establishment  of  ungraded  schools,  §187 61 

incorrigible  children  in  graded  schools  to  be  sen t  to  ungraded,  §  187 61 

judge  may  suspend  sentence  in  certain  cases,  §192 63 

length  of  time  to  be  sent  to  school,  §§180,  196 59,64' 

penalty  for  failure  to  comply  with  law,  §§L84, 192 60,  63 

proceedings  in  case  of  violation  by  corporations,  §§186,  200 61,  65 

school  boards  to  furnish  books  in  certain  cases,  §§183, 193 60,  63 

who  are  truants  under  this  act,  §189 62 

•CONDUCTOR: 

of  teachers' institutes,  §157 55 

CONSOLIDATION  OP  DISTRICTS  : 

(See  School  Districts ;  also,  Township  Board  of  School  Inspectors.) 
CONSTITUTIONAL  PROVISIONS  : 

agricultural  school,  art.  xiii,  sec.  11 7 

districts  may  be  deprived  of  public  moneys,  art.  xiii,  sec.  5 6 

escheats  of  lands  to  the  state,  art.  xiii,  sec.  3 6 

free  schools  to  be  maintained,  art.  xiii,  sees.  4,  5 6 

Institutions  for  deaf,  dumb,  and  blind,  art.  xiii,  sec.  10 7 

libraries  to  be  provided,  art.  xiii,  sec.  12 '. 7 

regents  of  the  university,  art.  xiii,  sees.  6-8 6 

school  funds,  art.  xiii,  sec.  2 5 

state  board  of  education,  art.  xiii,  sec.  9 7 

officers  to  be  elected,  art.  viii,  sec.  1 5 

term  of  office,  art.  viii,  sec.  2 5 

vacancy  in  office,  how  filled,  art.  viii,  sec.  3. 5 

where  to  keep  office?,  art.  viii,  sec.  1 5 

CONTRACT : 

with  teachers,  §§40,  109 W,® 

CORPORATE  POWERS: 

of  districts,  §14 

teachers1  associations,  §171 58 

-CORPORATIONS  : 

teachers  may  form,  §§169-171 58 

subject  to  provisions  cf  compulsory  law,  §181 

proceedings  against,  in  case  of  violation  of  compulsory  education  law,  §§186,  200 61,  65 

-COUNTY  BOARD  or  SCHOOL  EXAMINERS  : 

compensation  of  members  of,  §135 

county  clerk's  duties  in  relation  to  election  of,  §125 

duties  of  secretary  of  board,  §133 

election  and  term  of  office  of,  §125 

grades  of  certificates  issued  by,  §129 


110  INDEX. 


COUNTY  BOARD  OF  SCHOOL  EXAMINERS— (Continued) : 

may  hold  special  meetings,  §132 47- 

suspend  or  revoke  certificates,  §130 47 

removal  of,  from  office,  §136 50- 

schedule  of  meetings  for  examinations  to  be  published,  §127 45 

to  elect  secretary  of  board,  §126 44. 

file  oaths  of  office,  §125 44 

hold  joint  meetings  with  inspectors,  §131 47 

meetings  for  examination  of  teachers,  §128 45 

to  whom  certificates  may  be  granted,  §123 45 

vacancies  in  board,  how  filled,  §138 50 

what  schools  exempt  from  supervision  of,  §137 50 

when  officers  in  certain  districts  may  examine  teachers,  §  137 50 

to  organize  as  a  board,  §126 44 

(See  Chairman  of  Board  of  Inspectors;  also,  Secretary  of  Board  of  Examiners.) 
COUNTY  CLERK  : 

duties  in  proceedings  to  obtain  site,  §97 36 

relation  to  apportionment  of  moneys,  §§76, 121 30,  43 

election  of  school  examiners,  §125 44 

election  of  secretary  of  board  of  examiners,  §126 45 

inspectors'  reports,  §§76, 142 30,  51 

to  draw  order  on  county  treasurer  for  institute  moneys,  §158 55 

receive  and  dispose  of  communications,  etc.,  sent  by  state  superintendent,  §75 30 

COUNTY  INSTITUTES  : 

(See  Teachers'  Institutes.) 
COUNTY  TREASURER  : 

liability  on  bond,  §96 35 

money  for  site  deposited  with,  §§96, 101 35,  37 

statements©!  apportionment  filed  with,  §§76,  ] 21 30,43 

to  apply  to  state  treasurer  for  certain  moneys,  §77 30 

apportion  library  moneys,  §122 43 

notify  township  clerk  and  treasurer  of  moneys,  §77 30 

to  pay  teachers'  institute  fund  on  order  of  clerk,  §158 55 

township  treasurer  township  moneys,  §77 30 

set  apart  institute  fees  as  institute  fund,  §155 54 

vouchers  for  payments  at  teachers' institutes  filed  with,  §161 .  56 

COURSE  OP  STUDY  : 

to  be  prescribed  for  schools,  §§42, 109 " 20,  40 

CRIMES  AND  OFFENSES  : 

disturbing  district  meeting,  §26 14 

school,  $44 20 

illegal  use  of  moneys,  §178 59 

(See  Penalties.) 
DAMAGES  : 

to  be  collected  from  certain  officers  for  neglect  of  duties,  §144. 51 

books  in  libraries,  §115 42 

DEAF,  DUMB,  AND  BLIND  : 

institutions  for,  con.  prov.,  art.  xiii,  sec.  10 

DECISIONS  OF  SUPREME  COURT  : 

(See  Digest  of  Supreme  Court'  Decisions.) 
DEED: 

to  school-house  site,  §35 18 

DELIVERY  OF  BOOKS,  ETC.,  TO  SUCCESSOR  IN  OFFICE  : 

by  assessor  of  district,  §52 24 

director  of  district,  §48 22 

superintendent  of  public  instruction  §7 - 9 


INDEX. 


DEPUTY  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

appointment  and  duties  of,  §2 8 

DIAGRAM : 

(See  Maps.) 
DIGEST  OF  SUPREME  COURT  DECISIONS  :— (A ppendix  A.) 

admission  of  colored  children  to  school,  1113 8$; 

appeals  from,  action  of  inspectors,  Vlfo-ll 71-72 

district  moneys,  warrants  and  orders,  1150-78 76-79 

graded  and  high  school  districts,  11135-143 85-86 

liabilities  of  school  districts,  1197-111 81-83 

library  moneys,  11144-146 86-87 

miscellaneous,  11147-157 87-88 

organization  of  school  districts,  1125-49 73-76 

powers  of  board  of  school  inspectors,  111-4 :..' 71 

township  board,  1112-24 72-73 

school  sitesand  school-houses,  11114-134 83-85 

teachers' contracts  and  certificates,  1179-96 79-81 

tuition  of  non-resident  pupils,  1112 83' 

DIPLOMAS : 

to  graduate  of  the  state  normal  school,  §§165, 166 57 

DIRECTOR  : 

acceptance  of  office,  §§32, 108 17,  40 

accounts  of,  §§48, 109 22,40- 

a  member  of  district  board,  §§33 IT 

board  of  inspection  at  election  to  issue  bonds,  §78 31 

and  moderator  to  certify  payments  to  supervisor,  §67 28- 

approve  bond  of  assessor,  §52 24? 

execute  bonds  of  district,  §79 31 

appo.'ntment  of,  in  case  of  vacancy,  §30 17 

clerk  in  absence  of,  §27 15 

election  and  term  of  office  of,  §§2?,  1U8 , 16,40 

of  fractional  district,  to  whom  to  report,  §51 

judgment  certified  to,  by  assessor,  §85 32 

may  be  removed  by  township  board,  §145 52" 

penalty  for  neglect  to  accept  office  or  perform  duties,  §139 51 

reports  of,  to  be  filed  with  township  clerk,  §50 23 

record  of,  relative  to  organization  of  district,  §13 11 

to  be  clerk  of  district,  §48 21 

furnished  with  register  of  school,  §10 

notified  of  alterations  in  district,  §18 12 

moneys  to  be  apportioned,  §64 27 

site  fixed  by  inspector?,  §89 

draw  and  sign  warrants  and  orders,  §48 

file  census  list  with  township  clerk,  §49 

certificate  of  instruction  in  physiology,  etc.,  with  township  clerk,  §42 20- 

give  certificate  of  compliance,  §§181, 196 •       60i  64 

notices  of  meetings,  §48 

have  custody  of  school-house  and  property,  §41 

keep  account  of  expenses,  §48 

school-house  in  repair,  §48 

make  reports  to  inspectors,  §50 

present  estimates  to  annual  meeting,  §48 

warrants  and  orders  to  moderator  to  be  countersigned,  §48. 

provide  appendages  to  school-house,  §48 

record  acceptances  of  offices,  §32 

notice  of  first  meeting,  §9 

take  annual  school  census,  §49 - 

(See  District  Board.) 


INDEX. 


PAGE. 
DISORDERLY  PERSONS  : 

to  be  taken  into  custody,  §26 -' 14 

juvenile,  who  constitute,  §§189,  203 , 62,65 

DISTRIBUTION  OF  MONEYS: 

(See  Apportionment.) 
DISTRICTS,  SCHOOL  : 

(See  School  .Districts.) 

.DISTRICT  BOARD: 

acceptance  of  office  by  members,  §§32, 108 17,40 

appointment  to  vacancy  in,  §§30, 108 17,  40 

director  to  be  clerk  of,  §48 21 

election  and  terms  of  office  of  members,  §§28,107 16,39 

may  admit  non-resident  pupils,  §46 21 

appoint  persons  to  take  school  census,  §19 

classify  pupils,  §§45,  109 21,  40 

determine  certain  matters  when  meeting  fails,  §27 15 

donate  or  sell  library  books  to  township  library,  §124 44 

fix  rates  of  tuition  to  non-resident  pupils,  §46 21 

suspend  qr  expel  disorderly  pupils,  §44 20 

to  apply  for  jury  in  suit  to  obtain  site,  §90 33 

moneys  according  to  law,  §38 18 

build,  hire  or  purchase  school-house,  §35 18 

call  meetings  of  district,  §22 13 

establish  rules,  etc.,  for  school,  §44 20 

estimate  amount  for  support-of  school,  §36 - 

have  care  of  school-house  and  property,  §11 19 

management  of  district  library,  §118 42 

hire  teachers,  §§  40, 109 19,40 

make  statement  of  finances  to  annual  meeting,  §39 19 

not  pay  money  to  unqualified  teachers,  §38 ..  19 

prescribe  text-books  and  ccftirses  of  study,  §42 20 

provide  for  instruction  in  physiology,  etc.,  §42 20 

school,  §27 15 

purchase  books  for  indigent  children,  §§43,183,193 20,60,  63 

or  lease  site  for  school-house,  §35 18 

report  taxes  to  be  assessed,  §37 19 

sell  site  or  property  of  district  when  not  needed,  §35 18 

trustees  in  graded  school  districts,  §§107-110 39-41 

vacancy  in,  how  filled,  §§30, 108 17,40 

what  to  occasion,  §29 17 

when  may  issue  bonds,  §79 31 

to  exclude  public  meetings  from  school-house,  §41 19 

who  are  eligible  to  office  in,  §31 ; 17 

to  constitute,  §§33, 107 17,39 

(See  District  Officers.) 
DISTRICT  LIBRARIES  : 

(See  Libraries.) 

DISTRICT  MEETINGS  : 

annual,  board  to  make  financial  report  to,  §39 

estimates  of  expenses  to  be  presented  to,  §48 

in  case  of  failure,  what  board  to  determine,  §27 16 

powers  of,  §§27,107 15,39 

when  to  be  held,  §31 13 

challenging  votes,  §25 14 

clerk  and  chairman  may  be  appointed  in  absence  of  director  and  moderator,  §27 15 

director  to  give  notice  of,  §t8...                      22 


INDEX.  113 


DISTRICT  MEETiNGS^Cbntinwed) : 

disorderly  persons  at,  §36 H 

election  of  officers,  §§28, 107... 16,39 

formation  of  a  new  district,  §9 10 

limit  of  taxes  that  may  be  voted,  §27 15 

may  vote  on  issuance  of  bonds,  §78 31 

tax  to  pay  money  borrowed,  §80 32 

moderator  to  preside,  §47 21 

notice  of,  what  to  specify,  §32,23 13 

proceedings  to  be  recorded,  §18 22 

special,  may  be  called,  §22 13 

notice  to  indicate  the  business,  §22.... , 13 

to  determine  useof  school-house,  §11 19 

direct  sale  of  property,  §27 16 

fill  vacancy  in  district  office,  §30 17 

give  directions  regarding  suits,  §27 16 

voters  at,  when  challenged,  §25 14 

may  designate  site,  §89 33 

who  are,  §24 13 

DISTRICT  OFFICERS  : 

acceptance  of  office,  §§32,108 17,40 

appointment  of,  §§30, 108 17,40 

compensation  of,  §§27,  48 15,22 

election  and  terms  of  office  of,  §§28, 107 16,39 

may  be  removed  by  township  board,  §145 52 

penalty  for  neglect  to  acceptor  perform  duties,  §139. 51 

who  are  eligible  to  election  to  office,  §31 17 

(See  Assessor ;  Director;  Moderator;  also,  District  Board.) 
DISTRICT  SCHOOLS  : 

(See  Schools.') 
DISTRICT  TAXES  : 

(See  Taxes.) 
DISTURBING  DISTRICT  MEETING  OR  SCHOOL  : 

penalty  for,  §§26,  44 I*'20 

DIVISION  OF  DISTRICT  : 

(See  School  District?;  also,  Township  Board  of  Inspectors.) 
DOG  TAX,  SURPLUS  OF  : 

apportionment  of,  to  school  districts,  note - 

EDUCATION  : 

constitutional  provisions,  art.  xiii,  sees.  1-12 5-7 

ELECTION  : 

if  not  held,  inspectors  to  appoint  officers,  §§30, 108 17,40 

of  district  officers,  §§28, 108 I6'40 

members  of  county  boards  of  school  examiners,  §125 

state  board  of  education,  con.  prov. ,  art.  xiii,  sec.  9 

state  officers,  con.  prov.,  art.  viii,  sec.  1 

regulations  at  election  to  vote  on  issuance  of  bonds,  §78 

who  are  eligible  to  election  to  office,  §§31, 153 W«  54 

legal  voters  at  elections,  §24 

ELECTORS  : 

who  are  qualified,  §24 

ELIGIBILITY  TO  OFFICE  : 

in  districts,  §31 

townships,  §153 

EMPLOYMENT  : 

of  officers,  etc.,   109 

persons  to  take  school  census,  §49 

teachers,  §§40, 109 19'  40 


114  INDEX. 


PAGE. 
•ENGLISH  LANGUAGE: 

instruction  to  belconducted  in.  con.  pro  v.,  art.  xiii,  sec.  4  ..................................  6 

ENUMERATION  OF  CHILDREN  : 

(See  Census.) 
EQUALIZATION  or  TAXES  : 

by  supervisors,  §68  .............................................................................  29 

ESTIMATES  : 

of  amounts  to  be  raised  by  tax,  §§36,  48  .......................................................  18.  22 

EVIDENCE  : 

in  proceedings  to  obtain  site,  §90  ..............................................................  33 

of  organization  of  district,  §13  .....................................  .  ..........................  11 

regularity  in  proceedings  to  remove  officers,  §145  ........................................  52 

;EX  AMI  NATIONS: 

of  applicants  for  State  certificates,  §168  ......................................................  57 

inspectors1  reports  by  secretary  board  of  examiners,  §133  ................  ...............  47 

proposed  site  by  jury,  §94    .................................................................  35 

teachers  by  county  board  of  examiners,  §§127,  128  ........................................  45 

officers  in  certain  districts,  §137  ..............................................  50 

state  board  of  education,  §168  ................................................  57 

fees  to  be  collected,  §154  ..........................................................  54 

meetingsfor,  §127  ................................................................  45 

question*"  for  examination  of  teachers,  §128  ..................................................  4H 

EXAMINERS  : 

of  teachers  to  collect  fees,  §154  ................................................................  54 

to  pay  fees  to  county  treasurer,  §154  ..........................................................  54 

(See  County  Board  of  School  Examiners.) 
EXECUTION: 

not  to  issue  against  school  district,  §84  .......................................................  32 

.EXPENSES: 

estimate  of,  to  be  presented  at  annual  meeting,  §48  .........................................  22 

incidental,  estimated  by  board,  §36  ...........................................................  18 

of  director,  how  paid,  §§48,  109  ................................................................  22,40 

inspectors  limited,  §58  ......................................................................  26 

State  institute,  how  paid,  §160  ..................  .  ..........................................  56 

teachers'  institutes,  §158  ...................................................................  55 

vouchers  for,  where  filed,  §161  ......................................  56 


to  be  paid  by  teachers  on  obtaining  certificates,  §154  ........................................          54 

FEMALES  : 

eligible  to  district  offices,  §31  ..................................................................          17 

office  of  township  school  inspector,  §153  ..........................................  54 

may  vote  at  school  district  meetings,  §24  .............  ........................................          13 

sFiNES  : 

for  breach  of  penal  laws,  con.  prov.,  art.  xiii.,  sec.  12  ........................................ 

apportionment  of,  §122  ____  *.  .........................  .  .............          43 

damages  done  to  library  books,  §115  ......................................................          42 

disturbing  district  meeting,  §26  ...........................................................  14 

school,  §44  ......................................................................          20 

(See  Penalties.) 
FORFEITURES: 

(See  Penalties.) 
FORMATION  : 

of  districts.    (See  School  Districts;  also  Township  Board  of  Inspectors.) 

teachers'  associations,  §§169,  171  ............................................................     58,59 

FORM  OF  OATH  : 

to  challenged  voter,  §25  ........................................................................          14 


INDEX.  115 


FORMS  FOR  PROCEEDINGS.—  ( Appendix  B): 

of  acceptance  of  office,  No.  5 90 

appointment  of  district  officer  by  district  board,  No.  H 94 

inspectors,  No.  15 94 

assessor's  bond,  No.  6 90 

bond  of  chairman  of  board  of  inspectors,  No.  13 93 

certificate  of  inspectors  oil  establishing  site,  No.  17 94 

to  township  clerk  of  taxes,  No.  12.... 93 

supervisor  of  taxes,  No.  33 96 

contract  for  building  school-house,  No.  25 98 

with  teacher,  No.  36 99 

deed  to  school-house  site,  No.  23 97 

lease  to  school  district,  No.  24 98 

notice  of  annual  meeting,  No.  7 91 

first  meeting  in  school  district,  No.  3 89 

meeting  of  inspectors,  No.  16 94 

special  meetings  in  district,  No.  9 92 

to  director  of  alteration  in  district,  No.  4 90 

moneys  apportioned  district,  No.  21 96 

inhabitant  of  formation  of  district,  No.  1 89 

township  clerk  of  moneys  to  be  apportioned,  No.  19 95 

treasurer  of  apportionment,  No.  20 96 

order  upon  assessor  for  payment.  No.  10 92 

request  of  voters  for  special  meeting,  No.  8 91 

return  of  notice  by  inhabitant  on  formation  of  district,  No.  3 90 

teacher's  register  of  school,  No.  27 100 

warrant  on  township  treasurer  for  district  moneys,  No.  11 92 

library  moneys,  No.  18 95 

FRACTIONAL  DISTRICTS  : 

(See  School  Districts ;  also,  Township  Board  of  Inspectors. 
FREE  SCHOOLS  : 

to  be  provided,  con.  prov.,  art.  xiii,  sec.  4 6 

FREE  TEXT  BOOKS  : 

district  to  vote  on  question  of  furnishing,  §207 67 

board  to  purchase  when  authorized,  §207 67 

make  contract  for  furnishing,  §208 67 

advertise  for  proposals  when  authorized  by  district,  §208 67 

estimate  amount  necessary  to  purchase,  §209_ 67 

incur  penalty  for  failure  to  comply  with  law,  §211 68 

to  be  the  property  of  the  district,  §307 67 

FUNDS : 

educational,  con.  prov.,  art.  xiii,  sees.  2,  3 5,  6 

library,  con.  prov.,  art.  xiii,  sec.  12 

teachers' institute,  §155 55 

(See  Moneys.) 

•GRADED  SCHOOL,  DISTRICTS: 

annual  meeting  of,  §21 

notice  of  intention  to  organize,  §§107,  111 39,  41 

not  limited  to  nine  sections  of  land,  §110 41 

officers  to  be  elected  by  trustees,  §108 

two  or  more  contiguous  districts  may  organize,  §111 

trustees,  consent  of  to  be  obtained  to  alteration  in  boundaries,  §110 

election  and  term  of  office,  §§107,  111 39,  41 

powers  and  duties  of,  §§108, 109 40 

(See  School  Districts.) 


116  INDEX. 


PAGE. 
GRADING  : 

of  pupils  not  prevented  in  any  district,  §45 21 

in  graded  school  districts,  §109 40 

GRADES  OF  CERTIFICATES  : 

to  teachers,  §130 46 

HIGH  SCHOOLS: 

may  be  established  in  certain  districts,  §109 40 

(See  traded  School  Districts.) 

INCIDENTAL  EXPENSES  : 

estimated  by  district  board,  §36 18 

INDEBTEDNESS  : 

of  districts,  §78 31 

(See  Bonds.) 
INDIANS  : 

children  of,  when  not  included  in  census,  §49 23 

INHABITANT,  TAXABLE  : 

(See  Taxable  Inhabitant.) 

INSPECTION,  BOARD  OF: 

(See  Board  of  Inspection.) 
INSPECTORS,  BOARD  OF  SCHOOL: 

(See  Township  Board  of  School  Inspectors.) 
INSTITUTES  : 

(See  Teachers'  Institutes.) 
INSTITUTIONS  : 

for  deaf,  dumb,  and  blind,  con.  prov.,  art.  xiii,  sec.  10 

INSTRUCTION  : 

superintendent  of  public  instruction  to  have  supervision,  §1 

to  be  conducted  in  the  English  language,  con.  prov.,  art.  xiii,  sec.  4 6 

INTEREST: 

on  bonds  limited,  §79 31 

judgment  against  district,  §88 33 

money  lost  by  certain  officers,  §§141, 142 51 

state  funds  for  educational  purposes,  con.  prov.,  art.  xiii,  sees.  2,  3.. 5,  6 

apportionment  of ,  by  state  superintendent,  §t 9 

tax  may  be  voted  to  pay,  §80 32 

JOINT  MEETINGS: 

of  school  examiners  and  school  inspectors,  §131 47 

township  boards,  §104 38 

school  inspectors,  §11 10 

JUDGE  OF  PROBATE  : 

to  notify  county  clerk  of  election  of  secretary  of  board  of  examiners,  §126 45 

participate  in  the  election  of  secretary  of  board  of  examiners,  §L26 44 

removal  of  secretary  of  board  of  examiners,  §136 50 

fill  ing  vacancy  in  office  of  secretary  board  of  examiners,  §  136 50 

JUDGMENTS  : 

against  school  districts,  §§82,  88 32,33 

execution  not  to  issue  on,  §84 3 

in  proceedings  to  obtain  site,  §95 35 

taxes  to  pay,  §69 29 

JURISDICTION  : 

in  actions  against  districts,  §82 32 

JURY: 

in  proceedings  to  obtain  site,  §§90-94 33-35 


INDEX.  11? 


PAGE. 
JUVENILE  DISORDERLY  PERSONS: 

penalties  imposed  upon  in  certain  cases,  §§192,  204 62,  66 

parents  of  in  certain  cases,  §192 62 

proceedings  in  case  of,  §§191, 192,  204 62.66 

to  be  sent  to  ungraded  school,  §191 62 

who  constitute,  §§189,  203 62,65 

LAND: 

when  not  taxed  for  building  school-house,  §27 15 

proceedings  to  obtain,  for  school-house  site,  §§90-103 33,37 

LAWS: 

relative  to  schools  to  be  published  and  furnished  to  officers,  §3 8 

LEASE : 

of  a  school-house  site,  §35 •. •       18 

LEGISLATURE  : 

to  provide  for  agricultural  school,  con.  prov. ,  art.  xiii,  sec.  11 7 

free  schools,  con.  prov.,  art.  xiii,  sec.  4 6 

libraries,  con.  prov.,  art.  xiii,  sec.  12 7 

LIABILITIES  : 

of  board  of  inspectors  for  neglect,  §141 51 

county  clerk  for  neglect,  §142 51 

district  officers  to  removal,  §145 52 

parent  for  failure  to  send  child  to  school,  §192 62 

township  clerk  for  neglect,  §141 51 

supervisor  for  neglect,  §144 51 

(See  Penalties.) 
LIBRARIAN  : 

to  be  appointed,  §116 42 

LIBRARIES  : 

books  to  be  purchased  for,  by  district  board,  §114 42 

damages  to  books  in,  §115 _  42 

district  board  may  donate  or  sell  library  books  to  township,  §124 .'.< 44 

librarian  of  township,  §116 42 

provisions  respecting,  §§112-124 41-44 

tax  for  support  of,  §123 43 

what  districts  may  establish,  §117 42 

where  kept,  §116 42 

fund  for,  apportionment  of,  §121 43 

expended  by  inspectors,  to  be  accounted  for  to  township  board,  §57 26 

forfeitures  of,  §120 43 

inspectors  to  apply  for,  §114 42 

penal  fines  to  be  applied  to,  con.  prov.,  art.  xiii,  see.  12 7 

State  superintendent  to  furnish  statement  of  townships,  etc.,  entitled  to,  §121  43 

to  be  used  for  purchase  of  books,  §122 43 

warrant  on  township  treasurer  for,  §73 30 

when  not  to  be  forfeited,  §120 43 

rules  for,  §§3, 115  (See  Appendix  C) 8,42,101 

school  officers,  etc.,  not  to  act  as  agents  for  books  for,  §146. 52 

to  be  established,  con.  prov.,  art.  xiii,  sec.  12 

township  inspectors  to  report  statistics  of,  §119 

(See  Appendix  C,  for  Rules.) 
LIMIT  OF  INDEBTEDNESS  : 

(See  Bonds.) 
LIMIT  OF  TAXES  : 

(See  Taxes.) 

MANAGEMENT  OF  SCHOOLS  : 

(See  District  Board;  also,  Regulations.) 

15 


118 


INDEX. 


PAGE. 
MAPS: 

of  townships  showing  boundaries  of  districts,  §61 26 

MEETINGS  : 

fo»  election  of  school  examiners,  §135 44 

examination  of  teachers,  §§127, 128 - 45 

joint,  of  school  examiners  and  school  inspectors,  §131 47 

inspectors,  §11 10 

township  boards,  §104 38 

of  board  of  inspectors,  §58 - 26 

when  school-house  used  for  public,  §41 19 

(See  District  Meetings.) 
MEMBERS  : 

of  board  of  trustees,  §107 r 39 

county  school  examiners,  §125 44 

district  boards,  §33 17 

State  board  of  education,  con.  prov.,  art.  xiii,  sec.  9 

township  board  of  school  inspectors,  §53 

MODERATOR : 

acceptance  of  office  by,  §32 , . 17 

a  member  of  district  board,  §33 

and  assessor  to  audit  and  pay  directors' accounts,  §48 

director  to  approve  bond  of  assessor,  §52 23 

appointment  of,  §30 17 

pro  tern,  at  district  meetings,  §27 15 

election  and  term  of  office,  §§28, 108 16,  40 

may  be  removed  by  township  board,  §145 

penalty  for  neglect  to  accept  office  or  perform  duties,  §139 

to  bring  suit  on  assessor's  bond,  §47 21 

countersign  warrants  and  orders,  §47 21 

give  oath  to  challenged  voter,  §25 14 

preside  and  preserve  order  at  district  meetings,  §47 21 

(See  District  Board.) 
MONEYS  : 

accrued  from  one-mill  tax,  how  used,  §66 28 

apportionment  by  State  superintendent,  §§4,  5,6 9 

to  districts  by  township  clerk,  §§63,  64 27 

board  to  apply  according  to  law,  §38 18 

report  to  annual  meeting  receipts  and  disbursements,  §39 19 

collected  on  account  of  neglect  of  officers,  §143 51 

assessor's  bond,  how  applied,  §52 23 

collected  on  bond  of  chairman  of  board  of  inspectors,  how  applied,  §54 25 

county  treasurer  to  apply  for  and  pay,  §77 30 

apportion  library  moneys,  §122 43 

districts  entitled  to  receive,  §§27, 56,  66 15,25,  28 

duties  of  township  treasurer  in  collecting,  §§65,  69,  74 ...27,29,30 

paying,  §§72,  74 30 

for  payment  for  site  deposited  with  county  treasurer,  §§96, 101 35,  37 

library,  apportionment  of,  §122 43 

derived  from  penal  fines,  con.  prov.,  art.  xiii,  sec.  12 

forfeiture  of,  §120 43 

inspectors  to  apply  for,  §114 42 

to  be  used  for  the  purchase  of  books,  §122 43 

when  may  be  used  for  school  purposes,  §122 43 

limitations  as  to  borrowing  of,  §78 31 

may  be  borrowed  in  certain  cases,  §36 18 

not  to  be  diverted  except  by  a  two-thirds  vote,  §38 18 

paid  to  teacher  not  having  certificate,  §38 18 


INDEX.  119 


MONEYS— (Continued) : 

not  to  be  used  for  sectarian  schools,  §38 18 

of  a  district  when  divided  to  be  apportioned,  §§19,  20 12 

officer  making  illegal  use  of  to  be  removed,  §145 52 

orders  for,  §48 21 

paid  by  old  to  new  districts,  how  applied,  §67 28 

payment  of,  to  fractional  districts,  §74 30 

primary  school  interest  fund,  apportionment  of,  §§4-6,  63,  77 , 9,  27,  30 

districts  entitled  to  receive,  §§27,56 15,  25 

how  constituted,  con.  prov.,  art.  xiii,  sees.  2,  3 5,  6 

to  be  used  only  for  teachers' wages,  §38 18 

when  withheld  from  districts,  con.  prov.,  art.  xiii,  sec.  5  .  6 

public  moneys,  defined,  §172 58 

how  to  be  used,  §174 59 

interest  on,  §175.. 59 

no  consideration  to  be  received  by  officer  for  deposit  of,  §176... 59 

penalty  for  illegal  payment  of,  §179 59 

not  to  exempt  from  prosecution  under  general  law,  §178 59 

to  be  kept  separate  from  all  other  funds,  §173. 59 

raised  by  tax,  how  apportioned,  §61 27 

report  of  receipts  and  disbursements  of,  by  assessor,  §52 23 

district  board,  §39 19 

inspectors,  §57 26 

school  moneys  to  be  paid  next  to  township  expenses,  §72 30 

surplus  of,  may  be  appropriated  to  certain  objects,  §27 15 

not  to  be  apportioned  to  districts  employing  unqualified  teachers,  §56 25 

pay  for  site,  when  deposited  with  county  treasurer,  §96 35 

(See  Taxes.)  ^ 

MONTH,  SCHOOL  : 

of  what  to  consist,  §40 19 

NAME 

and  style  of  a  school  district,  §14 11 

NEGLECT  : 

of  county  clerk  to  transmit  reports,  §142 51 

district  officers,  §139 51 

inspectors  in  not  reporting,  §141 51 

parent  or  guardian  to  send  child  to  school,  §192 62 

supervisor  and  township  clerk  in  regard  to  taxes,  §144 51 

taxable  inhabitant  to  serve  and  return  notice,  §138 51 

township  clerk  to  transmit  report,  §141 51 

NON-RESIDENT  : 

pupils,  admission  of ,  §46 21 

when  may  be  attached  to  district,  §17 12 

NORMAL  SCHOOL  : 

(See  State  Normal  School.) 
NOTICE  : 

by  county  treasurer  of  moneys  apportioned,  §77 30 

State  superintendent  of  apportionment,  §§4, 121 9,43 

supervisor  to  treasurer  of  taxes  assessed,  §§69,  70 29 

township  board  of  proceedings  to  remove  from  office,  §145 52 

clerk  to  supervisor  of  taxes,  §62 26 

on  failure  of  a  new  district  to  organize,  §10 10 

treasurer  of  moneys  in  his  hands,  §73 30 

in  proceedings  to  obtain  site,  §92 34 

of  district  meeting,  §23 13 

apportionment  of  moneys  to  districts,  §63 27 

first  meeting  in  a  new  district,  §9 10 


120 


INDEX. 


PAGE. 
NOTICE— (Continued)  : 

of  formation  of  teachers'  association,  §169 58 

intention  to  vote  on  borrowing  money,  §81 32 

meeting  of  inspectors,  §15 11 

to  form  fractional  districts,  §11 10 

for  examination  of  teachers,  §127 45 

to  organize  as  a  graded  school  district,  §107 39 

meetings  to  be  given  by  director,  §48 21 

special  meetings  to  indicate  business,  §22 13 

to  directors  of  moneys  to  be  apportioned,  §63 27 

parent  or  guardian  that  child  does  not  attend  school,  §191 62 

taxable  inhabitant  on  formation  of  district,  §9 10 

teacher  of  intention  to  revoke  certificate,  §130 47 

OATH: 

by  challenged  voter  at  district  meetings,  §25 .  14 

if  false,  deemed  perjury  §25 14 

of  deputy  superintendent  of  public  instruction,  §2 8 

juror  in  proceedings  to  obtain  site,  §94 35 

members  of  board  of  school  examiners,  §125 44 

to  be  made  to  correctness  of  census  list,  §49 22 

OFFICE  : 

acceptance  of ,  to  be  filed,  §§32,108 17,40 

removal  from,  §145 52 

term  of ,  district  officers,  §§28, 108 16,40 

inspectors,  §152 54 

members  of  board  of  school  examiners,  §125 44 

State  board  of  education,  con.  prov.,  art.  xiii,  sec.  9 

regents  of  the  university,  con.  prov.,  art.  xiii,  sec.  6 6 

State  officers,  con.  prov.,  art.  viii,  sec.  1 

OFFICERS  : 

(See  names  of  tlie  several  offices.) 
OFFICIAL  BONDS  : 

of  assessor,  §52 23 

chairman  of  board  of  inspectors,  §54 26 

secretary  of  board  of  examiners,  §126 44 

ONE-MILL  TAX  : 

assessment,  collection  and  disposition  of,  §66 28 

how  surplus  may  be  applied,  §27 15 

(See  Taxes.) 
ORDERS  : 

of  inspectors  upon  township  treasurer,  §114 42 

on  assessor,  to  be  drawn  and  signed  by  director,  §48 21 

countersigned  by  moderator,  §47 31 

to  be  paid  from  proper  funds,  §52 23 

(See  Warrants;  also,  Moneys.) 
ORGANIZATION  : 

of  a  new  district,  §§8-13 10-11 

(See  School  Districts;  also.  Township  Board  of  Inspectors.) 

PARENTS  AND  GUARDIANS  : 

entitled  to  vote,  §24 13 

liability  for  not  sending  children  to  school  §184 60 

proceedings  against  for  failure  to  send  children  to  school,  §192 62 

required  to  send  children  to  school,  §§180,182 59,60 

to  be  discharged  in  case  of  inability,  §192 62 

notified  by  truant  officers,  §§190, 191 62 


INDEX.  121 


PAGE. 
PENALTIES  AND  FORFEITURES: 

for  damages  to  library  books,  §115 1 42 

illegal  payment  of  public  moneys,  §179 59 

moneys  collected  for,  how  applied,  §143 51 

on  county  clerk  for  not  transmitting  reports,  §142 51 

district  for  not  maintaining  three  months'  school,  con.  prov.,  art.  xiii,  §5 6 

certain  length  of  school,  §§27,  66 15,28 

officers  for  neglect  to  accept  office  or  perform  duties,  §139 51 

inspectors  for  not  qualifying,  or  neglecting  duties,  §140 51 

reporting,  §141 51 

supervisor  and  clerk  for  neglect  in  regard  to  taxes,  §144 51 

taxable  inhabitant  for  neglect  of  duties  in  formation  of  district,  §138 51 

township  clerk  for  neglect  in  transmitting  reports,  §141 51 

township  board  to  remove  certain  officers,  §145 52 

parent  or  guardian  failing  to  send  child  to  school,  §184 60 

persons  employing  unschooled  children,  §§181, 198 60,  64 

officers  of  corporations  for  violating  certain  provisions,  §§186,  200 61,  65 

director  of  school  district  for  making  false  certificate,  §196 64 

superintendent  of  school  for  making  false  certificate,  §196 64 

PERJURY : 

false  oath  deemed,  §25 14 

PHYSIOLOGY  AND  HYGIENE: 

director  to  file  copy  of  teacher's  certificate  of  instruction  with  township  clerk,  §42 20 

penalty  for  failure  of  district  board  to  comply  with  statute,  §42 20 

teacher  to  certify  whether  instruction  has  been  given  in,  §42 20 

text-books  to  be  adopted  by  district  board,  §42 20 

approved  by  State  Board  of  Education,  §42 20 

to  be  taught  in  all  public  schools  in  the  State,  §42 20 

POLL-LIST  : 

lo  be  kept  when  voting  on  issuance  of  bonds,  §78 31 

POOR  CHILDREN: 

to  be  furnished  with  text-books,  §§43, 183, 193 20,60,63 

PRESIDENT  : 

of  university,  con.  prov.,  art.  xiii,  sec.  8 

PRIMARY  SCHOOLS: 

(See  Schools.) 
PRIMARY  SCHOOL  INTEREST  FUND: 

apportionment  of ,  §4 

when  reports  are  defective,  §5 9 

deficiencies  may  be  paid,  §6 

to  districts,  §63 

constitutional  provisions  respecting,  art.  xiii,  sees.  2,  3 5,  6 

county  clerk's  duties  in  relation  to  apportionment  of,  §76 

treasurer's  duties  in  relation  to  apportionment  of ,  §77 

school  to  be  maintained  three  months  to  secure,  con.  prov.,  art.  xiii,  sec.  5 

certain  time  to  secure,  §27 15 

to  be  used  only  for  teachers'  wages,  §38 

PROCEEDINGS : 

against  school  districts,  §§82-88 32-33 

for  removal  of  officers,  §145 

to  obtain  site  for  school-house,  §§89-103... f 

upon  appeal  from  action  of  inspectors  to  township  board,  §§104-106 

PROPERTY: 

of  district,  care  and  preservation  of,  §§41, 109 19»  40 

sale  of,  may  be  directed  by  voters,  §27 

when  may  be  by  inspectors,  §19 

when  district  is  divided,  to  be  apportioned,  §§19,  20 

teachers'  associations,  §170 


L22  INDEX. 

PAGE. 
PROSECUTION  : 

(See  Actions ;  Proceedings :  also,  Suits.) 
PUBLIC  INSTRUCTION: 

(See  Superintendent  of  Public  Instruction.) 
PUBLIC  MEETINGS  : 

when  may  be  admitted  to  school-house,  §41 J9 

PUBLIC  MONEYS  : 

(See  Moneys.) 
PURCHASE  : 

of  apparatus  and  appendages  to  school-house,  §48 21 

books  for  library,  §114 42 

poor  children,  §§43,  183,  193 20,60,63 

records  of  district,  §34 18 

school  site  or  school-house,  §35 18 

PUPILS  : 

admission  of,  to  schools,  §§45,  46,  109 21,40 

classification  of  §§45,109 21,40 

tuition  of  non-resident,  §46 21 

when  may  be  suspended  or  expelled,  §44 20 

who  may  be,  §45 21 

QUESTIONS  : 

for  examination  of  teachers.  §128 45 

RECORD : 

director  to  keep,  of  proceedings,  §§9,  48 10,  21 

of  acceptance  of  office,  §32 17 

board  of  school  examiners,  §133 47 

certificates  to  teachers,  §133 47 

consent  of  trustees  to  alter  graded  school  district,  §110 41 

director,  to  be  evidence  of  organization  of  district,  §13 11 

inspectors  to  be  kept  in  office  of  township  clerk,  §59 26 

pupils,  to  be  kept  by  teacher,  §40 19 

removals  from  office,  §145 52 

report  of  taxes  to  annual  meeting,  §39 19 

REGENTS: 

of  the  university,  con.  prov.,  art.  xiii,  §§6,  7 6 

REGISTER  : 

of  school  to  be  kept  by  teacher,  §40 19 

REGULATIONS  : 

at  election  to  vote  on  issuance  of  bonds,  §78 31 

for  government  of  schools,  §44 20 

libraries,  §115 42 

REMOVAL : 

from  district  to  vacate  office,  §29 17 

of  house  from  leased  site,  §35 18 

members  of  board  of  school  examiners  from  office,  §136 50 

officers  by  township  board,  §145 52 

in  graded  school  districts,  §108 40 

REPAIRS  : 

(See  School- nouses.) 
REPORT : 

liability  of  officers  for  failing  to  report,  §§141, 142 51 

of  board  to  annual  meeting,  §39 19 

township  cleric,  of  taxes,  §82 26 

chairman  of  board  of  school  inspectors,  §134 48 

director  to  inspectors,  §50 23 

how  treated  if  false,  §56 25 

where  filed,  §59  ...  26 


INDEX.  123 


PAGE. 

REPORT— (Continued) : 

of  director  to  whom  made  n  fractional  districts,  §51 23 

inspectors  to  county  clerk,  §§55, 119 25,  42 

county  clerks  duties  in  relation  to,  §76.. 30 

to  township  board  of  finances,  §57 26 

secretary  of  board  of  school  examiners,  §133 47 

superintendent  of  public  nstruction,  §1 8 

supervisor  to  township  treasurer,  of  taxes  assessed,  §69 29 

township  clerk  to  treasurer  and  directors,  of  moneys,  §§63,  64 27 

REQUEST  : 

to  call  special  meeting,  §22 13 

RESIDENTS  : 

ceasing  to  be,  vacates  offices,  §29 17" 

exceptions  of,  in  school  census,  §49 22" 

notified  of  first  meeting  in  a  new  district,  §9 10 

qualifications  of ,  to  vote  at  district  meetings,  §24 13 

rights  of,  to  attend  school,  §45 2L 

RETURN  : 

of  notice  of  first  meeting  on  organization  of  district,  §9 10 

REVOCATION  OF  TEACHER'S  CERTIFICATE  : 

by  board  of  school  examiners,  §130 47 

state  board  of  education,  §§165, 166,  168 57 

RULES  : 

(See  Regulations.) 
RULES  FOR  LIBRARIES: 

(See  Appendix  C.) 
SALE  OF  PROPERTY  : 

directed  by  district,  §27 15 

when  by  inspectors,  §19 12 

district  board,  §35 18 

SCHOLARS  : 

(See  Pupils.) 
SCHOOL: 

admission  of  resident  pupils  to,  §45 21 

non-resident  pupils  to,  §46 21 

agricultural,  to  be  provided  for,  con.  prov.,  art.  xiii,  sec.  11 7 

board  to  establish  regulations  for,  §44 20 

prescribe  text-books,  §42 20 

provide  for  minimum  length  of  time  of,  §27 5 

examination  of,  §133 47 

may  be  graded,  §§45, 109 21,40 

not  to  be  sectarian,  §38 18 

separated  on  account  of  race,  §45 21 

penalty  for  disturbing,  §44 20 

register  of ,  to  be  kept  by  teachers,  §40 19 

statistics  of,  to  be  reported  by  director,  §50 23 

support  of,  taxes  to  be  estimated  and  voted  by  board,  §36 18 

suspension  or  expulsion  of  pupils  from,  §44 20 

time  necessary  to  be  maintained,  §§27,66 15,28 

to  be  free,  con.  prov.,  art.  xiii,  sec.  4 6 

maintained  at  least  three  months,  con.  prov.,  art.  xiii,  sec.  5 6 

ungraded,  to  be  established  in  certain  cases,§187 61 

visitation  and  examination  of,  §133 

SCHOOL  BOARD: 

(See  District  Board.) 
SCHOOL  BOOKS: 

(See  Text  Books.) 


124  INDEX. 


PAGE. 
SCHOOL  CENSUS: 

when  and  how  taken,  §49 22 

time  of  taking,  not  to  be  changed,  §21 13 

SCHOOL  DISTRICTS  : 

alterations  in,  to  be  reported  to  director,  §18 12 

when  consent  of  tax-payers  to  be  obtained,  §16 11 

annual  report  of,  §39 19 

appeal  from  inspectors'  action  in  forming,  dividing,  or  consolidating  of,  §§104-106 38 

corporate  powers  of,  §14 11 

division  of  property  in  forming  new  from  old,  §19 12 

formation  of ,  §§8-13 10-11 

fractional,  formation  of,  §11 10 

v    judgments  against,  §87 33 

levying  and  collecting  taxes  in,  §68 38 

graded  school  districts,  §§107-111 39-41 

map  showing  boundaries  to  be  made,  §61 26 

may  borrow  money  in  certain  cases,  §36 18 

to  pay  indebtedness,  §78 31 

vote  tax  to  pay  money  borrowed,  §81 , .  32 

meetings  of,  §§31-27 13,15 

moneys  to  be  apportioned  to,  §§63,  64 27 

when  paid  by  old  to  new,  §67 28 

name  and  style  of,  §14 11 

suits  and  judgments,  §§82-88 32-33 

to  be  numbered  by  inspectors,  §8 10 

contain  no  more  than  nine  sections  of  land,  §8 10 

not  receive  moneys  when  employing  unqualified  teachers,  §56 25 

what  districts  may  organize  as  graded,  §§107,  111 39,  41 

when  deemed  legally  organized,  §12 11 

when  persons  outside  may  be  attached,  §17 12 

who  to  appear  in  suits  for  or  against,  §52 

(See  District  Meetings ;  also  Voters.) 

SCHOOL  EXAMINERS  : 

(See  County  Board  of  School  Examiners.) 

SCHOOL  FUNDS: 

(See  Moneys.) 

-SCHOOL  HOUSES: 

appendages  to,  district  to  vote  tax  for,  §27 15 

director  to  provide,  §48 21 

board  to  procure,  §35 18 

bonds  maybe  issued  to  build,  §78 31 

building  committee  may  be  appointed  t&  supervise  building  of,  §27 15 

secretary  of  board  of  examiners  to  note  condition  of,  §133 47 

district  to  direct  the  procuring  of ,  §27 15 

limitation  of  indebtedness  to  build,  §78 31 

•repairs  to,  §27 15 

site  for,  to  be  purchased  or  leased,  §35 

tax  for  building,  limited,  §27 15 

repairing,  limited,  §27 15 

to  be  in  care  of  district  board,  §41 19 

when  certain  persons  not  liable  to  tax  for  building,  §17 

land  not  taxed  for  building  §27 , 15 

not  needed  may  be  sold,  §§19,  27,  35 12,15,  18 

opened  or  closed  to  public  meetings,  §41 19 

SCHOOL-HOUSE  SITES  : 

(See  Sites  for  School- Homes.) 


INDEX.  125 


SCHOOL  INSPECTORS  : 

(See  Township  Board  of  School  Inspectors.) 

SCHOOL  LAWS: 

to  be  published,  §3 8 

SCHOOL  MONEYS  : 

(See  Moneys.) 

SCHOOL  MONTH : 

of  what  to  consist,  §40 19 

SCHOOL  PROPERTY: 
(See  Property.) 

SCHOOL  TAXES  : 
(See  Taxes.) 

SCHOOL  TEACHERS  : 
(See  Teachers.) 

SCHOOL  YEAR  : 

when  to  commence,  §21 13 

SECRETARY  OF  BOARD  OF  SCHOOL  EXAMINERS: 

duties  of,  §133 47 

compensation  of,  §135 49 

election  of,  §126.. 44 

to  file  acceptance  of  office,  and  bond,  §126...  44 

hold  examinations  for  teachers,  §127 45 

to  prepare  schedule  of  examinations,  §127 45 

(See  County  Board  of  School  Examiners.) 

SECTARIAN  SCHOOLS: 

not  to  receive  public  moneys,  §38 18 

SITES  FOR  SCHOOL  HOUSES  : 

board  to  purchase  or  lease,  §35 18 

compensation  for,  how  determined  in  certain  cases,  §94 35 

how  designated,  §89 33 

issuance  of  bonds  for  purchase  of,  878 31 

lease  or  purchase  of,  §35 18 

notice  of  meeting  to  change,  §23 .-  13 

proceedings  to  obtain,  §§89-103 33-37 

to  be  selected  by  a  two-thirds  vote,  §89 33 

voters  to  direct  the  procuring  of ,  §27 15 

when  not  needed  may  be  sold,  §§19,  35 12,18 

SPECIAL  MEETINGS  : 

(See  District  Meetings.) 

STATE  BOARD  OF  EDUCATION  : 

constitutional  provision  for,  art.  xiii,  sec.  9 

to  grant  diplomas  to  graduates  of  State  normal  school,  §§165, 166 

State  certificates  to  teachers,  §168 57 

STATE  CERTIFICATES  : 

when  granted  by  State  board  of  education,  §168 u 57 

to  graduates  of  State  normal  school,  §§165, 166 57 

STATE  INSTITUTIONS  OF  EDUCATIONAL  CHARACTER  : 

to  be  under  supervision  of  State  superintendent,  §1 

STATE  NORMAL  SCHOOL: 

diplomas  and  certificates  to  graduates  of,  §§165, 166 

to  be  lander  care  of  state  board  of  education,  con.  prov.,  art.  xiii,  sec.  9 7 

STATE  OFFICERS  : 

election  and  term  of  office  of,  etc.,  con.  prov.,  art.  yiii,  sees.  1-3 

STATE  TFACHEKS'  INSTITUTE  : 

to  be  held  annually,  §160 

expenses  of,  how  paid,  §160 


126  INDEX. 


PAGE. 
STATEMENT : 

(See  Notices ;  ateo,  Reports.) 
STUDIES  : 

to  be  prescribed,  §12 20 

SUITS  : 

and  judgments  against  districts,  §§82-88 32-33 

assessor  to  appear  for  district,  §52 24 

directions  given  by  meeting  in  regard  to,  §27 16 

for  collection  of  penalties,  etc.,  §§142-145 51-52 

jurisdiction  of  justices  in,  §82 32 

may  be  brought  for  or  against  school  districts,  §14 11 

not  brought  to  collect  judgment,  §84 32 

on  assessor's  bond,  §52 24 

bond  of  chairman  of  board  of  inspectors,  §54 25 

summons  in,  served  on  assessor,  §83 

when  moderator  may  appear  in,  for  district,  §52 24 

(See  Action ;  Judgments;  also,  Proceedings.) 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION  : 

duties  of,  con.  prov.,  art.  xiii,  sec.  1 

relative  to  apportionment  of  primary  school  moneys,  §§4-6 

election  and  term  of  office  of,  con.  prov.,  art.  viii.,  sees.  1,  2 5 

may  appoint  conductors  of  teachers1  institutes,  §157 55 

to  appoint  a  deputy,  §3 

be  a  member  and  secretary  of  State  board  of  education,  con.  prov.,  art.  xiii,  sec.  9 — 

deliver  official  books,  etc.,  to  successor,  §7 9 

draw  on  State  treasurer  for  expenses  of  State  teachers1  institute,  §  160 56 

have  general  supervision  of  public  instruction,  §1 

hold  county  teachers1  institutes  annually,  §156 55 

make  annual  reports  to  legislature,  §1 „ 

prepare  questions  for  examination  of  teachers,  §128 46 

prescribe  forms  of  teachers'  certificates,  §128 45 

rules  for  boards  of  school  examiners,  §129 46 

publish  ana  transmit  laws  and  forms  to  officers,  §3 

send  examination  questions  to  examining  officers,  §128 46 

visit  State  institutions,  etc.,  §1 8 

vacancy  in  office,  how  filled,  con.  prov.,  art.  viii,  sec.  3 5 

when  may  draw  on  State  treasurer  for  aid  to  teachers'  institutes,  §159 56 

where  office  shall  be  kept,  con.  prov.,  art.  viii.,  sec.  1 

SUPERVISION  OF  SCHOOLS  : 

(See  County  Board  of  School  Examiners  ;  also,  Chairman  of  Board  of  Inspectors.) 
SUPERVISOR  : 

certifying  and  levying  of  taxes  in  fractional  districts,  §68 

equalization  of  taxes,  §68 

liable  for  not  assessing  taxes,  §144 51 

map  of  township  to  be  filed  with,  §61 26 

to  assess  judgment  against  school  district,  §88 33 

one-mill  tax,  §66 28 

school  taxes,  §65 27 

deliver  warrant  for  collection  of  taxes  to  township  treasurer,  §69 29 

township  clerk  to  certify  taxes  to,  §62 26 

(See  Taxes.) 
SUPREME  COURT  DECISIONS: 

(See  Digest  of  Supreme  Court  Decisions.) 
SURPLUS  OF  DOG- TAX: 

how  apportioned,  note 68 

SURPLUS  OF  SCHOOL  MONEYS  : 

how  maybe  appropriated,  §27 16 


INDEX.  127 


SUSPENSION  :  PAGE< 

of  pupils  from  school,  §44 20 

teachers'  certificates,  §130 47 

TAXABLE  INHABITANT  : 

duties  in  relation  to  formation  of  district,  §9 10 

penalty  for  neglect  of  duty,  §138 51 

TAXES  : 

apportionment  of  surplus  dog-tax,  note 68 

when  district  is  divided,  §71 39 

assessed  upon  division  of  district,  §62 26 

assessment  of ,  §§65,  66 27,28 

certifying  of,  in  fractional  district,  §68 28 

duties  of  township  treasurer  relative  to  collection  of,  §§65,  70 27,  29 

equalization  of,  §68 29 

estimated  and  reported  by  district  board,  §36 18 

failing  to  be  assessed,  to  be  levied  the  next  year,  §85 27 

for  apparatus  and  appendages  to  school-house,  §27 15 

books  for  indigent  children,  §§43, 183, 193 20,60,  63 

building  school-house,  or  purchase  of  site,  §27 15 

incidental  expenses,  §36 18 

judgment  against  district,  §88 33 

libraries,  §123 43 

repairs  to  school-house,  §27 15 

school  purposes  to  be  paid  next  to  township  expenses,  §72 30 

in  township  before  any  school  is  maintained,  §66 28 

limit  of,  for  certain  purposes,  §27 15 

support  of  the  school,  §36 18 

moneys  raised  by,  not  to  be  diverted,  §38 18 

non-tax-payers  not  to  vote  on  questions  involving  taxation,  §24 13 

one-mill  assessment,  collection  and  disposition  of,  §66 28 

how  surplus  may  be  applied,  §27 16 

on  old  district  for  new,  §67 .* 28 

report  of,  by  board  to  township  clerk,  §37 18 

township  clerk  to  supervisor,  §63 26 

supervisor  to  assess,  §§65,  66 27,28 

liability  of,  for  not  assessing,  §144 51 

to  pay  money  borrowed,  §80 

township  treasurer  to  pay  to  other  treasurer,  §74 30 

warrant  for  collection  of ,  §69 29 

what  land  exempt  from,  for  building  school-house,  §27 15 

when  collected,  how  apportioned,  §64 - 

reported  to  supervisor,  §62 

who  may  vote  on  questions  involving  taxation,  §24 13 

(See  Moneys ;  also,  Supervisor.) 
TEACHERS  : 

certificates,  fees  to  be  paid  on  obtaining,  §154 5* 

given  by  county  board  of  school  examiners,  §128 45 

state  board  of  education,  §168 57 

normal  school,  §§165, 166 - 57 

grades  of,  and  qualifications  necessary  to  obtain,  §129 

necessity  of  having,  to  entitle  teacher  to  pay,  §38 

record  of ,  to  be  kept,  §133 

revocation  or  suspension  of,  §130 


contracts  with,  §10. 


19 


employment  of,  §§40, 109 19»  *° 

examination  of,  by  county  board  of  examiners,  §§127, 128 

State  board  of  education,  §168 57 


128  INDEX. 

PAGE. 
TEACHERS— (Continued) : 

list  of,  to  be  furnished  township  clerk,  §133 48 

examined  by  inspectors,  §56 

not  to  act  as  agents  for  school  books  and  furniture,  §146 52 

public  money  not  to  be  paid  to,  without  holding  certificates,  §38 19 

to  be  furnished  with  copy  of  contract,  §40 1 19 

file  certificate  of  instruction  in  physiology,  etc.,  with  director,  §42 20 

keep  school  register,  §40 19 

TEACHERS'  ASSOCIATIONS  : 

formation  and  incorporation  of,  §§  169-171 

TEACHERS'  INSTITUTES  : 

aid  from  State  treasurer  to,  §159.... 56 

annual  institute  in  each  county,  §156 55 

conductor  of,  may  be  appointed,  §157 - 

counties  may  be  united  in,  §156 55 

expenses  of,  how  paid,  §158 

vouchers  for,  where  filed,  §161 L 56 

funds  for  support  of ,  how  raised,  §§154, 155 54 

State  institute  to  be  held  annually,  §160 56 

expenses  of,  paid  from  State  treasury,  §160 

TERM  OF  OFFICE  : 

of  district  officers,  §28, 107 16,39 

members  of  board  of  school  examiners,  §125 44 

State  board  of  education,  con.  prov.,  art  xiii,  sec.  9 

regents  of  the  university,  con.  prov.,  art.  xiii,  sec.  6 6 

State  officers,  con.  prov.,  art.  viii,  sec.  2 

township  officers,  §§151, 152 53,54 

TEXT  BOOKS  : 

free,  in  certain  cases,  §208 67 

district  to  vote  on  question  of  furnishing,  §207 

board  to  purchase  when  authorized,  §207 67 

make  contract  for  furnishing,  §208 67 

advertise  for  proposals  when  authorized  by  district,  §208 

estimate  amount  necessary  to  purchase,  §209 67 

incur  penalty  for  failure  to  comply  with  the  law,  §211 68 

to  be  the  property  of  the  district,  §207 67 

to  be  furnished  to  indigent  children,  §§43, 183,193 20,  60,63 

prescribed  by  district  board,  §42 20 

on  physiology  and  hygiene  to  be  approved  by  State  board  of  education,  §42 

TOWNSHIP  BOARD: 

duties  of  in  case  of  appeal  from  inspectors1  action,  §§  104-106 38-39 

may  remove  certain  officers,  §145 52 

to  allow  accounts  of  inspectors,  §57 26 

audit  and  pay  for  services  of  township  inspector,  §135 49 

TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS: 

appeal  from  action  of,  to  township  board,  §§104-106 38,  39 

chairman  and  clerk  of ,  §53 25 

>  to  be  treasurer  of,  and  give  bond,  §54 

clerk  of,  to  notify  directors  of  alterations  in  districts,  §18 12 

taxable  inhabitant  of  formation  of  district,  §9 10 

director  to  report  to,  §50 

duties  of,  concerning  libraries,  §§112-123 41,43 

in  forming  fractional  districts,  811 10 

liability  for  neglect  to  report,  §141 

library  money  subject  to  order  of,  §72 

may  attach  certain  non-residents,  §17 12 

member  of,  may  be  removed  by  township  board,  §145 


INDEX. 


TOWNSHIP  BOARD  OF  SCHOOL,  INSPECTORS— (Continued)  : 

notice  and  number  of  meetings,  §§15,  58 11,  26 

on  determining  site  to  certify  to  director,  §89 33 

penalty  for  neglect  to  qualify  or  perform  duties,  §140 51 

records  of,  kept  in  office  of  township  clerk,  §59 26 

reports,  abstracts  of,  §1 8 

examination  of,  by  secretary  board  of  examiners,  §133 48 

to  be  made  in  triplicate,  §55 25 

restricted  in  altering  boundaries  of  graded  school  districts,  §110 41 

tax  determined  upon  division  of  a  district,  §19 12 

to  account  to  township  board  for  funds  received  and  disbursed,  §57 28 

apply  for  library  moneys,  §114 _ 42 

alter  boundaries  of  districts,  §§8,16 10,11 

apportion  property  on  division  of  a  district,  §§19,20 12 

certify  facts  relating  to  employment  of  unqualified  teachers,  §56 25 

divide  township  into  school  districts,  §8 10 

examine  list  of  teachers  before  reporting  to  county  clerk,  §56 25 

have  care  of  township  library,  §115 42 

number  districts,  §8 10 

purchase  books  for  township  library,  §114 42 

township  clerk,  to  transmit  reports  of,  to  secretary  board  of  examiners,  §55 _.  25 

when  may  appoint  district  officers,  §§30, 108 17,40 

attach  persons  to  districts,  §17 12 

sell  school-house  or  site,  §19 12 

to  determine  site,  §89 «S 

who  to  constitute  board,  §53 25 

TOWNSHIP  CLERK: 

a  member  and  clerk  of  board  of  inspectors,  §§53,  59 - 25,  26 

duties  of,  as  inspector,  §59 26 

election  and  term  of  office  of,  §§150, 152 53,54 

liability  for  neglect  in  transmitting  reports,  §141 51 

not  reporting  taxes  to  supervisor,  §144 51 

to  apportion  moneys  to  districts,  §§63,  64 27 

approve  and  file  bond  of  chairman  of  board  of  inspectors,  §54 2& 

bond  of  appellants  from  inspectors'  action,  §105 

be  furnished  with  list  of  teachers,  §133 48 

bring  suit  on  bond  of  chairman  of  board  of  inspectors,  §54 25 

certify  taxes  to  supervisor,  §62 

file  map  of  township  with  supervisor,  §61 

forward  inspectors  reports  to  secretary  county  board  of  examiners,  §55 

give  notice  of  meeting  of  inspectors,  §15 

formation  of  new  district,  §§9, 10 10 

to  directors  of  moneys  apportioned,  §64 

keep  records,  reports,  books,  etc.,  on  file,  §59... ! 

make  map  of  township  showing  boundaries  of  districts,  §61.. 

not  act  on  township  board  in  case  of  appeal  from  inspectors,  §106 

notify  county  clerk  of  chairman  of  board  of  inspectors,  §60 

director  of  alterations  in  district,  §18 -- 

record  order  for  removal  of  officer,  8145 

proceedings  of  board  of  inspectors,  §59 

receive  and  dispose  of  communications,  §59 

report  taxes  to  supervisor,  §62 

transmit  to  secretary  board  of  examiners  reports  of  inspectors,  §55 

(See  Township  Board  of  School  Inspectors.) 

TOWNSHIP  SCHOOL  INSPECTORS  : 

(See  Township  Board  of  School  Inspectors.) 


130  INDEX. 

PAGE. 
TOWNSHIP  LIBRARY  : 

(See  Libraries.) 
TOWNSHIP  TREASURER  : 

duties  in  relation  to  taxes  in  fractional  districts,  §§70, 74 M.     29,  30 

election  and  term  of  office  of,  §§150,  152 53,54 

to  apply  to  county  treasurer  for  moneys,  §73 30 

give  notice  to  township  clerk  of  moneys,  §§73,  74 30 

hold  moneys  subject  to  proper  orders  and  warrants,  §72 30 

pay  library  moneys  to  inspectors,  §114 42 

school  taxes  next  to  township  expenses,  §72 30 

recover  penalties,  etc.,  from  certain  officers,  §§141,  143 51 

warrant  for  collection  of  taxes,  §§69,  70 29 

warrants  on,  to  be  signed  by  director  and  moderator,  §§47,  48 21 

(See  Moneys  ;  also,  Taxes.) 
TREASURER,  COUNTY  : 

(See  County  Treasurer.) 
TREASURER  OF  BOARD  OF  SCHOOL  INSPECTORS  : 

(See  Chairman  of  Board  of  School  Inspectors.) 
TREASURER  OF  DISTRICT: 

(See  Assessor.) 
TREASURER,  TOWNSHIP  : 

(See  Township  Treasurer.) 
TRIAL  : 

(See  Action ;  Proceedings ;  aiso,  Suits.) 
TRUANTS  : 

sent  to  reformatory  institutions  in  certain  cases,  §§192,  204 63,  66 

tried  by  justice  or  recorder,  §§192,  204 63,66 

ungraded  school  to  be  provided  for,  §187 61 

whoshall  be  deemed,  §189,  203 62,65 

TRUANT  OFFICERS: 

duty  to  enforce  compulsory  educational  laws,  §186 61 

examine  into  cases  of  truancy,  §188 v. 61 

institute  proceedings  in  certain  cases,  §192 

make  complaints  in  truancy  cases,  §192 - 

warn  truants  and  their  parents  or  guardians,  §§190,  191 62 

how  appointed,  §188 ...  61 

TRUSTEES,  BOARD  OF: 

(See  Board  of  Trustees.) 
TUITION  : 

may  be  charged  for  studies  in  high  school,  §109 40 

of  non-resident  pupils,  §46 21 

UNGRADED  SCHOOLS: 

juvenile  disorderly  persons  to  be  sent  to,  §190 62 

may  be  established  in  graded  school  districts,  §187 61 

UNION  SCHOOL*  DISTRICT  : 

(See  Graded  School  District.) 
UNIVERSITY  : 

constitutional  provisions,  art.  xiii,  sees.  6-8 6 

VACANCY: 

in  board  of  school  examiners,  §136 50 

trustees  of  graded  school  district,  §108 40 

district  offices,  how  occasioned  and  filled,  §§29,  30 17 

office  of  regent,  con.  prov.,  art.  xiii,  sec.  6 6 

secretary  of  board  of  examiners,  §136 50 

state  officers,  con.  prov.,  art.  viii,  sec.  3 5 

(See  Appointment.) 


INDEX.  131 


PAGE. 
VENIRE  : 

in  proceedings  to  obtain  site,  §§91-93 34 

VISITATION  : 

and  examination  of  schools,  §133 48 

VOTERS  : 

challenge  of ,  §25 14 

who  are  qualified,  §24 - 13 

(See  District  Meetings.) 
VOUCHERS  : 

for  accounts  of  inspectors,  §57 26 

expenditures  by  assessor,  §52 24 

payments  at  teachers' institutes,  §161 56 

WARRANTS  : 

on  state  treasurer  for  primary  school  interest  fund,  §4 9 

township  treasurer,  §§47,48,72 12,22,30 

to  township  treasurer,  for  collection  of  taxes,  §§69,  70 29 

(.See  Orders ;  also,  Township  Treasurer.) 
WITNESSES  : 

in  proceedings  to  obtain  site,  §94 35 

WOMEN  : 

eligible  to  election  to  district  offices,  §31 17 

office  of  school  inspector,  §153 54 

qualified  as  voters  at  district  meetings,  §34 13 

YEAR,  SCHOOL: 

when  to  commence,  §21 13 


UDO  /U 


